Veljati je začela novela ZKP: onemogočanje zlorab in večja zaščita žrtev

Novela Zakona o kazenskem postopku prinaša učinkovitejši pregon bančnega, kibernetskega in organiziranega kriminala. Onemogoča zlorabe postopka in v slovenski pravni red prenaša evropsko direktivo o žrtvah kaznivih dejanj.

Implementacija evropske direktive o žrtvah kaznivih dejanj je bistvena novost, ki spreminja položaj in varnost oškodovancev v vseh fazah. Skladno z njo bodo organi pregona morali po novem izdelati oceno individualne ogroženosti žrtve in potrebe po njeni zaščiti ter obveznost zasledovanja čim večjega zmanjšanja stikov žrtev s storilcem. Novela omogoča tudi snemanje otrok kot prič, da jim v nadaljnjem postopku ne bi bilo treba ponavljati pričanj. Ministrica za pravosodje Andreja Katič pravi, da so zakon uskladili z vsemi deležniki, predvsem s sodno oblastjo, tožilstvom in policijo, in vanjo vgradili rešitve, ki so usklajene s stroko.

Novi Zakon o kazenskem postopku omogoča bolj učinkovit pregon bančnega, kibernetskega in organiziranega kriminala. Sodiščem omogoča učinkovitejše delo brez zavlačevanj in možnost preverjanja opravičil, s pomočjo katerih so udeleženci kazenskega postopka pogosto zlorabljali postopek za zavlačevanje in posledično izmikanje roki pravice. Novela ZKP tako natančneje določa pogoje za preiskave odvetniških pisarn, omogoča preiskavo stanovanja ob nedosegljivosti imetnika, če jo vodi preiskovalni sodnik, ter ukinja obvezno branje listin na glavnih obravnavah.

Zakon je soglasno podprl tudi Državni svet, v kazenske postopke vključuje tudi žrtve in njihove sorodnike. Ljudi in njihove stiske postavlja v središče procesov, katerih namen je ne le doseči pravico, ampak tudi in predvsem žrtvam pomagati zaživeti znova.

“Ustava nam govori, da je Slovenija pravna država in s to novelo smo naredili pomemben korak k temu, da bodo to čutili tudi državljanke in državljani, ne le na papirju, ampak tudi v realnosti,” je ob tem povedala podpredsednica SD in ministrica za pravosodje Andreja Katič.

Prednosti, ki jih med drugim prinaša novela Zakona o kazenskem postopku:

  • uveljavlja bolj učinkovit model sojenja, hitrejši in bolj učinkovit pregon storilcev kaznivih dejanj
  • v središče postavlja zaščito žrtve ter hkrati omogoča pošteno in pravično sojenje storilcem
  • preprečuje zlorabo “zdravniških opravičil”, postopkovnih manevrov za zavlačevanje
  • uveljavlja najvišje standarde varovanja človekovih pravic (ne pa njihovih zlorab) udeležencev kazenskih postopkov
  • omogoča nove prijeme za boj proti sodobnim oblikam organiziranega kriminala ter boj proti kibernetskemu kriminalu
  • omogoča organom pregona, da so pred in ne za storilci kaznivih dejanj.
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