The right to fair trail in criminal proceedings

The right to a fair trial in criminal proceedings constitutes a fundamental human right safeguarded by international conventions as well as domestic legislation. This right entails a number of essential guarantees, including the right to a public hearing, the right to defense, the right to an impartial tribunal, and the right to legal assistance. The present paper explores the significance of fair trial guarantees for the preservation of legal certainty and the protection of human rights. The exposition will encompass key dimensions, including respect for due process, procedural safeguards, the transparency of judicial proceedings, and the rights of the accused. Practical illustrations will be provided through a comparative examination of the judicial systems within the neighboring jurisdictions of the Republic of Serbia and their respective approaches to the fair trial principle. In addition, the paper will address the challenges faced by judicial institutions in securing the effective realization of these rights. Ultimately, it will underscore the necessity of enhancing both the normative framework and its practical application so as to ensure that the right to a fair trial is fully upheld in all criminal proceedings.

Authors

Publication Details

Published
2025-01-01
DOI
https://doi.org/10.5937/pdsc25505p
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
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article

The right to fair trail in criminal proceedings

Nenad Petrović
Criminal Law and Evidence
article

The right to fair trail in criminal proceedings

Nenad Petrović
article en

Abstract

The right to a fair trial in criminal proceedings constitutes a fundamental human right safeguarded by international conventions as well as domestic legislation. This right entails a number of essential guarantees, including the right to a public hearing, the right to defense, the right to an impartial tribunal, and the right to legal assistance. The present paper explores the significance of fair trial guarantees for the preservation of legal certainty and the protection of human rights. The exposition will encompass key dimensions, including respect for due process, procedural safeguards, the transparency of judicial proceedings, and the rights of the accused. Practical illustrations will be provided through a comparative examination of the judicial systems within the neighboring jurisdictions of the Republic of Serbia and their respective approaches to the fair trial principle. In addition, the paper will address the challenges faced by judicial institutions in securing the effective realization of these rights. Ultimately, it will underscore the necessity of enhancing both the normative framework and its practical application so as to ensure that the right to a fair trial is fully upheld in all criminal proceedings.

Openalex Percentile: Top 58%
Criminal Law and Evidence
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The right to fair trail in criminal proceedings — Nenad Petrović · (2025) | TGRS Research Map | TGRS