PENAL ORDER IN THE LIGHT OF LIMITATIONS AND EXCLUDING THE APPLICATION OF CERTAIN FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE

Abstract

The subject of observation of this paper are the problem areas of penal order from the aspect
of the limitations and exclusion of the application of certain fundamental principles of
criminal procedure. Actualization of this topic is contributed to by two parallel processes
within the framework of practice and theory of criminal procedural law which takes place in
the second half of the 20th century and the first decade of the 21st century- overburdening of
the judiciary and functional changes in procedural maxims. After introductory observations
linked to the aforementioned issues, an analysis of the issuing of penal order is given. Then
there is an analysis of refraining from the principle of a public hearing and of the principle of
the immediacy of court assessment of evidence when dealing with a written procedure.
Complete exclusion from the principle of publicity of court hearing is observed given that the
judicial decision is reached in camera. Temporary limitation of the principle of
contradictoriness is explained which is postponed for hearing upon complaint. Finally, it is
concluded that the existing legal solutions, thanks to their consensual nature and prescription
by a complaint to a sufficient extent protects the fundamental rights of the defendant. At the
same time, the tendency for efficacy is satisfied which justifies penal order and makes it an
acceptable institute.