On Three Omissions of the Proposed Amendment to the Code of Criminal Procedure (Proposed Changes Regarding Subject Matter Jurisdiction, Unified Form of Preparatory Proceedings and Court Composition)

Abstract

The author proposes additional changes to the draft amendments to the Code of Criminal Procedure prepared by the Criminal Law Codification Commission in October 2024. The article discusses a project aimed at introducing significant changes in criminal procedure, focusing on three key aspects: court jurisdiction, court composition, and a single form of preparatory proceedings. Firstly, the proposed modifications concern court jurisdiction, with the aim of clarifying the allocation of cases between various levels of courts. According to the author, the composition of the court should guarantee compliance with the constitutional and conventional standards of a fair trial. The changes are intended to improve the efficiency of case management and reduce the burden on higher courts by delegating specific categories of cases to lower courts. Secondly, due to the lack of differences between two current forms of preparatory proceedings, there should be only one form under closer supervision by the prosecutor. The current regulations in this area are outdated and difficult to apply by authorities, and subsequent amendments do not solve the problem comprehensively. Lastly, the reform proposes adjustments to the composition of the court - new regulations would define when cases should be adjudicated by a single judge or by three judges, depending on the complexity and seriousness of the case. This aims to ensure fairer and more specialized judgments. Overall, the author's suggestions aim to enhance the efficiency, transparency, and fairness of criminal proceedings.