Analysis reveals the ability to strengthen the principle of truth in criminal procedure, indicating significant changes to evidence rules.
This paper is dedicated to the research of the scope of the principle of the determination of the truth in the Draft of the amendments of the Serbian Code of Criminal Procedure, which was published in 2024. Besides the introductory part, this article has four main parts. In its first part, the author makes relatively summarily remarks about the meaning which the principle of the determination of the truth has in the law of criminal procedure. Afterwards, focus is placed on the certain solutions contained in the Draft and the analysis whether they make the principle more present in the Serbian criminal procedure, or not. In this sense, special emphasis is being put on the planned changes of Аrt. 15 of the Code of Criminal Procedure, which contains rules of systematic nature in relation to evidence. Then the author analyzes the scope of the principle of determination of the truth regarding some other, more specifics norms of the Draft. It is concluded that the scope of the principle is indeed being broadened by the proposed changes of the Code of Criminal Procedure, albeit not in a general, systematic way, by prescribing the general duty of criminal court to determine the truth in criminal proceedings, and therefore to introduce evidence ex officio. Rather, it does so through changes proposed to the more concrete norms of the Code (e.g. by creating a higher threshold for the evaluation of the admission of guilt of the accused, etc.).
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Aleksa Škundrić (2025) studied this question.