Classification of procedural forms in criminal process law of Serbia

This article is dedicated to the classification of procedural forms in criminal process law of Serbia. The author points to the inconsistent and unacceptable conceives about existing classification in the theory. It is possible to speak of differentiation of procedural forms only when criminal procedure is not uniform in all cases. The differentiation, therefore understands coexistence of at least two procedural forms that can be distinguished. The special criminal procedural forms present a divergence from the general form, based on special grounds and motivated by special goals. From a general standpoint, differentiation has to be present in at least two planes: those of the basis and structure of the procedural form. The basis of the special criminal procedural form is the decisive factor for its creation, which can be found in the special features of the procedural objects, subjects or criminal sanctions. The specific basis calls for specific procedural structures, which can rest on leaving out individual procedural stadia or phases, or by crucially modifying the existing stadia and phases. Therefore, special criminal procedural form has to have specific basis and structure. Such divergent norms, which are characterized by special basis but that do not result in specific structure of the procedure are called procedural variability. In contrast to the special criminal procedural forms, there are non criminal procedural forms. Those forms are separated in four parts: preliminary criminal proceedings, diversion forms procedural variability and connected procedural forms. In frame of the connected procedural forms there are: adhesive, incidental, additional rehabilitation and auxiliary procedural forms.