Unexpected discriminatory and other provisions in the Criminal Procedure Code that violate human rights

Abstract

The Criminal Procedure Code is a procedural code whose primary function is to regulate the rules of conduct in criminal proceedings, i.e. to prescribe the rules of conduct of various subjects in criminal proceedings. In addition, the Criminal Procedure Code should contain such rules that will enable fast and efficient criminal proceedings, but at the same time guarantee basic human rights to all participants in the proceedings, especially the defendant as a subject against whom criminal proceedings are conducted. That is why it is always surprising when such a code contains provisions that violate basic human rights. In this paper, the provisions of the code that violate human rights will be analyzed. Most of the analyzed provisions concerned discriminatory treatment, while the other analyzed provisions violated the presumption of innocence, the right to a fair trial and the right to liberty and security.