In my master's thesis, I examine the right to be heard in proceedings before a minor offence authority. I analyze the content and scope of this right and define the terms 'minor offence authority' and 'proceedings before the minor offence authority' for the purposes of the master's thesis. I then focus on the right to be heard in the procedure of issuing a warning and closing the case with an official record. I also discuss the offender's right to be heard in expedited proceedings and propose certain improvements. Specifically, I suggest amending rules on preclusion of alleging facts and evidence and revising time limits for making the offender's statement, which should take into account the different circumstances of the case. With regard to detention and measures to secure enforcement, I draw attention to two shortcomings concerning the remedy of the offender and the owner of the seized objects, which should be remedied. In view of the reasonable application of the rules of ordinary judicial proceedings, I outline the views of the Constitutional Court of the Republic of Slovenia adopted in relation to detention in ordinary judicial proceedings, which point out that the time limit for the perpetrator's statement on detention is too short. I follow this with a presentation of the procedure regarding the request for judicial protection before the minor offence authority and point out the difficulties that its under-regulation may cause in practice. I conclude with an assessment of the current regime in terms of respect for the guarantees of the right to be heard.
|
