Kritični pogled na prepoved poznega navajanja dejstev ter predlaganja dokazov v prekrškovnem postopku

slovenian

2025

volume 51, issue 8

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article analyses the question of the adequacy of regulation of evidentiary preclusion in misdemeanour proceedings. The main purpose of the preclusion is to speed up, concentrate and rationalise the procedure and to ensure the right of the procedural participant to a decision within a reasonable time. The legitimacy of this objective cannot be denied. However, it is only so long as it does not disproportionately interfere with the right to be heard and the principle of substantive truth. This applies in particular to criminal proceedings. The central finding of the article is that preclusion in misdemeanour proceedings is regulated disproportionately strictly at the statutory level and not adapted to the punitive nature of these proceedings. Such a legal regulation results in a number of problems that arise in the practice of the authorities responsible for misdemeanour offences and courts when applying this institute. Finally, the author takes the view that the constitutionally consistent interpretation of the statutory provisions on preclusion cannot be left to the interpretation of the courts indefinitely, but that the legislature should intervene in this area.

12.10.2026