Legal representative of MANS Veselin Radulović he said that the decision of the Constitutional Court to initiate the review of the constitutionality of the provision of the Code of Criminal Procedure is obviously politically motivated and that it creates an absurd situation of the validity of a similar position in the Code of Civil Procedure.
To ensure that the illegal imprisonment of Democratic Front MPs is abolished Nebojsi Medojević i Milan Knežević The US, instead of accepting their appeals, did so by initiating an evaluation of the constitutionality of the CPC provision on the basis of which it was determined. That is, if the witness does not testify, he can be fined or imprisoned.
"It is the first case that the US, ex officio, raised the question of the constitutionality of a law, which is obviously a political decision and a continuation of the old practice. There is also a provision in the Law on Civil Procedure that a witness can be fined or detained if he does not testify," said Radulović.
He states that there may be an absurd situation where the provision of the CPC is annulled and remains in the civil proceedings. "Then it could happen that in some litigation the witness is sent to Spuž because he did not give the necessary testimony, and that possibility does not exist in criminal proceedings," explains the lawyer. He reminds that the provision of the CPC has existed for years and that it is not problematic in itself, but has been politically misused.
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