Strani pravni život (Jan 2018)
Issuing search warrants based on the information obtained from police sources (A comparative research of adversial and continental legal system)
Abstract
In the Republic of Serbia, there have been major changes in the implementation of criminal investigations. The main goal in the legal regulation of criminal procedure in any democratic and legal state is the establishment of an optimal relationship between the two opposing tendencies in criminal proceedings. One of them strives to its full effectiveness and efficiency, and the other seeks to prevent excessive and unnecessary restrictions of rights and freedoms of citizens. In this work, using the method of comparison and correlation, based on content of analysis of legal acts from the adversarial legal system we investigate the updating and implementation of the search of the apartment based on the information from police sources, in the light of the prosecutorial investigation and the possibility or impossibility of issuing a search warrant from the court. Research grounds for the search of the apartment on the basis of information from operational sources of the police, has not been carried on our theory so far. As a starting point we take the analysis of the formal legal and institutional framework within which the problem and the subject of research should be defined. The decision to write an article about the use of police information to obtain orders for undertaking the search of the apartment, has been imposed after the changes that have been made by the criminal procedural code in Serbia. The work on one hand explores the application of knowledge ranges from police sources in establishing substantive and legal basis for receiving the command to enter the apartment and searching, in a new constructed adversarial evidence procedure in Serbia. On the other hand, it points to the necessity of adoption of the Directive by which the prosecutor would prescribe what an operating source, criminal investigation and criminalistics operations are.
