Military prosecutor\u27s office of the Yugoslav Army (1941-1955)

Autor je na temelju arhivske građe i recentne literature istražio nastanak, ustroj i djelovanje Vojnogtužilaštva JA/JNA od 1941. do ožujka 1955. godine. Razvoj vojnog tužilaštva može se pratiti već odlipnja 1941. kada imamo prve obrise vojnog pravosuđa kroz Prijeki sud. Odluke za njihovo formiranjedonosile su komande partizanskih jedinica ili vojni komiteti. Prvi pravni propis u ratnom vremenu, kojije uređivao stvaranje i djelatnost vojnog pravosuđa na čitavom teritoriju Jugoslavije, donesen je u Fočiu siječnju 1942. godine. Uredbom o vojnim sudovima koja je donesena 24. svibnja 1944. godine bilo jepropisano da pri svakom sudskom vijeću treba biti postavljen vojni istražitelj (isljednik), odnosno privijećima Višeg vojnog suda – sudski istražitelj. Odlukom predsjedništva AVNOJ-a od 3. veljače 1945.i naredbom Vrhovnog komandanta Josipa Broza Tita od 11. veljače 1945. ustanovljena je i određenanadležnost javnog tužioca Demokratske Federativne Jugoslavije.We can find the first regulation in establishing military judicial bodies of the Yugoslav People\u27s Liberation Army in the Order of Josip Broz Tito, issued by the Supreme Headquarters of the Yugoslav People\u27s Liberation Movement and Volunteer Army in December 1941. According to this order, courts consisted of three national liberation detachments and proletarian brigades. Until the beginning of 1942, there was no single regulation on the organization of military courts and military prosecutor\u27s offices, jurisdiction and activities. The first legal regulation in wartime designed to establish and operate military courts and prosecutors\u27 offices throughout Yugoslavia was passed in Foča in January 1942. This is the first regulation of a constitutional nature in military courts of the NOP and courts in general in the former Yugoslavia. After the First Session of the AVNOJ, the first divisions and corps of the NOV were established. On December 29, 1942, the Supreme Headquarters of the NOV and POJ issued an Order on the Organization and Organization of MilitaryCourts. A kind of turning point in both the civil and military judiciary occurred after the II. Sessions of AVNOJ in Jajce on November 29 and 30, 1943, when the new Yugoslavia was created. On December 22, 1943, the Department of Judiciary and Administration of ZAVNOH issued an "Instruction on the Procedure before People\u27s Courts". The courts received further directives for uniform and single-educational work. The Decree on Military Courts passed on May 24, 1944, stipulated that a military investigator should be appointed at each judicial council or a judicial investigator at the chambers of the Higher Military Court. On February 3, 1945, the Presidency of AVNOJ passed the Decision on the Establishment and Jurisdiction of the Public Prosecutor\u27s Office of Democratic Federal Yugoslavia. This formally and legally opened the possibility for the military prosecutor\u27s office to be standardized and start operating autonomously. By order of Josip Broz Tito of February 11 1945, the investigator at the trial chambers was given the prosecutor\u27s role, so he had the task of bringing an indictment against the defendant and representing him before the court. Due to the significant ramifications of the prosecution service and its new competence, on April 25, 1945, the DFJ Public Prosecutor issued the "Instructions for the Organization and Work of the Public Prosecutors", which stipulated that there were departments within the DFJ Public Prosecutor, including the Military Department. On May 12, 1945, the Public Prosecutor of Democratic Federal Yugoslavia issued Instructions for the Organization and Work of Public. The order of Josip Broz Tito of January 3, 1946, prescribed the transformation of the military department of the Public Prosecutor\u27s Office of the SFRY into the Military Prosecutor\u27s Office of the Yugoslav army. Under the provisions of Article 128 of the 1946 Constitution, on December 12 1946, the Military Prosecutor\u27s Office Act was enacted, which legitimized the existing situation regarding the scope and work of the military prosecutor\u27s office. In addition, on January 1 1954, following the new Criminal Procedure Code – the investigation fell within the jurisdiction of the military prosecutor\u27s office – that is, the public prosecutor\u27s office- into the jurisdiction of the courts. This Law determined the structure and jurisdiction, so the organization of the military prosecutor\u27s office was based on that Law until March 31, 1955, when the new Law on the Military Prosecutor\u27s Office was passed