Identification of persons in pre-investigation proceedings and investigation: Current controversies and the case law of the Supreme Court of Cassation

Abstract

The present article analyses the case law of the Supreme Court of Cassation of the Republic of Serbia regarding the identification of persons conducted in pre-investigation proceedings and investigation by the police. The basic assumption is that the quality and precision of the criminal procedure rules and judgments of the Supreme Court of Cassation additionally determine the police actions in the conditions of expected harmonization of these rules with the most important scientific findings on factors ('system variables') that affect the accuracy of identification. To determine how the case law in Serbia treats certain assertions made in the requests for protection of legality regarding violations of criminal procedure regarding the identification of persons, the present article analyzed 33 judgments issued by the Supreme Court of Cassation regarding these requests in the period from 2013 to 2021. Based on the results of the analysis, recommendations regarding the improvement of the current criminal procedure rules referring to the identification of persons in Serbia were provided, and that by respecting research-informed standards for the collection, preservation, and presentation of identification evidence.

Keywords

• identification of persons
• controversies
• criminal procedure rules
• case law
• police