Principles of the help to a party which requires legal assistance in misdemeanor procedure

• Main Author: Jeličić Mladen
• Format: Article
• Language: English
• Published: Union University, Faculty of Law, Belgrade 2018-01-01
• Series: Pravni Zapisi
• Subjects: misdemeanor procedure; help to a party which requires legal assistance; equality of parties; impartiality of the court; managing of misdemeanor procedure
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2018/2217-28151802223J.pdf

The author analyzes the help to a party which requires legal assistance as the basic principle of misdemeanor proceedings. After explaining the notion of the party which requires legal assistance, the scope of the application of the principle with regard to individual procedural subjects is considered, it indicates the relationship of procedural actions that fall within the obligation of the court to manage the misdemeanor procedure and help to a party which requires legal assistance, as well as the relation of application of the principles and basic postulates of fair trial - impartiality of the court and equality of parties. The author points to the content of the considered principles and its application in relation to the procedural subjects - the defendant, the injured party as the applicant for the initiation of the misdemeanor proceedings, but also the other participants in the proceedings, who in the opinion of the author are legally legitimized for applying the principles in certain cases. The author's conclusion is that the principle of assistance to a party which requires legal assistance in the misdemeanor procedure is aimed at ensuring equality of parties, but that its application in practice must not violate the fundamental category of fair trial - impartiality of the court.