Abstract
The fairness of the proceedings for the defendant as the central point of the prosecution of the criminal prosecution and prosecution body is one of the requirements of the convention law, embodied in the Croatian criminal procedural law. The process of stigma occasionally appearing in relevant criminal justice decisions points to the fact that legal certainty has not yet been established regarding judicial practice in terms of the time of the conflicting rights of defense, but also of the worrying arbitrariness of the decisions, particularly as regards non-compliance with a higher court. In this paper, the author uses a case-study method to study the recent decisions of Croatian criminal courts regarding the interpretation of the moment when, according to procedural legal requirements, the realization of the right of defense must necessarily be examined by prosecution witnesses. Finally, it points to the inequality of the court practice of the lower courts with the highest court in Croatia, the unenforceability of certain court decisions and interpretations for which it is not possible to invest (regular) legal remedies and imposing obligations on criminal prosecution bodies that are not subject to a criminal procedural law.
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