A critical review of the organization of investigation in the 2011 criminal procedure code of Serbia

Abstract

At first, the author presents the arguments in favor of judicial and prosecutorial model of investigation. The main subject-matter of this paper is critical analysis of the prosecutorial model of investigation in Code of criminal procedure of Serbia from 2011. The main conclusion of this analysis is that legislator made two fundamental errors: a) investigation is the part of the general criminal procedural form; b) some exceptions from the principle of directness allow evidentiary actions taken in the investigation stage or pre-investigation proceedings to be considered equal to the actions undertaken in trial. In addition, some other provisions on investigation are also subjected to criticism: person who has been subject to investigation has the status of suspect; there is a possibility that public prosecutor opens investigation against unknown perpetrator of a crime; low evidentiary standard and its inadequate definition; inadequate formulation of investigation aims; absence of control of prosecutorial order of conducting the investigation; inadequate determination of time for opening the investigation; absence of duty to information the suspect about prosecutorial order of conducting the investigation; ineffective providing for evidence in favor of defense; a danger of distortion the prosecutorial investigation in police investigation; transmission of investigating function to organ which is submited to executive power.

Keywords

• code of criminal procedure
• investigation
• suspect
• basis of doubt
• order of conducting the investigation