Velika rekonstrukcija Evropskog krivičnog postupka

Abstract

This paper confirms the thesis that the current tendencies in the development of the contemporary criminal procedure cannot finally be understood only within the coordinates of the science of the criminal procedural law. After brief presentation of the performed changes and conclusion that their common feature is a tendency of transplanting the procedural provisions from the common law model of the criminal procedure, the author concludes that, instead of creative evolution, the continental European reform makers decided to use light imitations of their common law model. By emphasizing later some negative effects of such reforms and by pointing to the anomalies that follow the 'new' procedural forms in their natural surrounding, the author takes the stand that the reasons of this epilog of 'major reconstruction' of the continental European criminal procedure are not contained (only) in normative superiority of the chosen paradigm. In his opinion, they deserved their attractiveness mostly due to the hegemonic status of their country of origin. The traces of the 'beneficial influence' of the Imperia, in author's opinion, may be noticed in the legislative activities of almost all of the European countries, and are especially dominant in the small countries of young democracy. .