The Autonomous Women's Center submitted comments on the Draft Law on Amendments of the Criminal Procedure Code. Concern was expressed about most of the proposed amendments which will ruin the concept of prosecutorial investigation and prosecution as a prosecuting authority, as well as the undermining of the achieved victim’s rights and particularly the right of especially vulnerable witnesses.

AWC opposes changes of Art. 297 CPC that will allow the court to decide on the appeal on the decision on conducting the investigation, claiming that that change is required by the provision of the Art. 32 of the Constitution. AWC is of the opinion that the art. 32 of the Constitution, which prescribes the right to a fair trial, is being misinterpreted and that, if adopted, it will create a conflict  between the rights of the suspects and the rights of victims, whose right to protection is guaranteed by Art. 36 of the Constitution, which stipulates the right to equal protection of rights and to a legal remedy.

The proposed amendments completely ignore the provisions of the Law on the Prevention of Domestic Violence and the existence of Groups for Coordination and Cooperation, which ensure the right to special protection of children and other especially vulnerable victims, required by the Directive on Minimum Standards for the Rights, Support and Protection of Victims of Crime 2012/29/EU. The Working Group also omitted to comply with Chapter 3 of Directive 2024/1385/EU, dated May 14, 2024, on combating violence against women and domestic violence.

It is disappointing that victims were not given the right to file an appeal against the judgment of acquittal, as well as many other rights, and that victims still remain the object in criminal proceedings and not the subject of the right to protection. Serious concern is expressed regarding proposals that will undermine the achieved level of victim’s right, by granting the suspects the right to appeal on the decision on granting the status of especially vulnerable witness, by limiting conditions for the issuance of measure from Art. 197 CPC and by granting the right of the arrested persons in Art. 69 CPC to communicate freely with their family members, even in case when those family members were harmed by a criminal act. Having in mind the problems faced in ensuring effective protection of victims, by allowing the suspects during the entire duration of the proceedings to influence privileged witnesses not to testify or withdraw their testimony, AWC believes that the provision of Art. 94 CPC ought to be amended.

The newly added provision of par. 3 art. 283a CPC concerning the exception in the allocation of funds collected through the institute of deferred criminal prosecution is disputable, because it will enable the existence of conflicted incentives/influences on the decisions of the Commission, instead of the real priorities about which the Commission for the allocation of funds has no medical knowledge.

Comments and proposals for amendments on the Draft Law on Amendments of the Criminal Procedure Code available HERE only in Serbian.