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The Right to a Fair Trial

Authors: Duric, Aleksandar B.; Duric, Aleksandar B.;

The Right to a Fair Trial

Abstract

The author analyses the content and the relation between the principles of offence determination (command responsibility) in the court criminal proceedings, the principal of individual subjective responsibility and the right to fair legal trial. Both in national and international law proceedings the essence of the offence determination is cosisted of criminal motive determination in the critical criminal act. By determination of criminal motives the realisation of all criminal legislative principles(legislature, legasy, individual subjective responsibility, offence determination, humanity, rightfulness and proportion, the right to fair trial etc.) are provided as well as the guarranty of human rights and freedom of all percipitients of criminal proceedings being the source of all criminal legislative principles. In the domain of basic human rights and freedom achievement i.e. the criminal legislative principles in front of the international crime courts - the author emphasises that the essence and the way of their achievement depends on the relationship between the legislative, executive, and court authorities. The author concludes - The quality and quantity influence of the executive authorities on the court and legislative authorities of a state depends on the essence and level of selfconsciousness, literacy and civilization of the people at the executive authorities of certain country, as well as of their vision and strategy of the state developement. If the people in the executive authorities are inclined to coruption, bribe, organized or institutional criminal - then the other two authorities would be the same.

Keywords

Individual subjective responsibility, Criminal legislative principles, Human rights and freedom, Criminal legislative responsibility- offence, Institutional and Behavioral Economics, The right to a fair trial

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
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