Ljudsko Pravo

USTAV CRNE GORE

Pravicno i javno sudjenje.

Clan 32

Svako ima pravo na pravicno i javno sudjenje u razumnom roku pred nezavisnim, nepristrasnim i zakonom ustanovljenim sudom.

 

Pravo na razumno brz sudski proces je jedno od funamentalnih prava koje je zagarantovano ljudima medjunarodnim konvencijama, zakonima i ustavima.

Evropska konvencija o ljudskim pravima

Odeljak 6 Evropske konvencije o ljudskim pravima stiti prava pojedinaca na fer sudjenje.

1.In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2.Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3.Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and the facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Ustav Sjedinjenih Americkih Drzava

Sesti Amandman ustava SAD explicidno garantuje pravo na “brzo sudjenje”.

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial . . . .” The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.

Federalni Zakon SAD: Speedy Trial Act

The Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, 18 U.S.C. §§ 3161-3174[1]), establishes time limits for completing the various stages of a federal criminal prosecution.

Section Eleven of the Canadian Charter of Rights and Freedoms

Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person’s legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by the state for public offences. There are nine enumerated rights protected in section 11.

Section 11(b) provides that 1

1. Any person charged with an offence has the right…

(b) to be tried within a reasonable time;

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s