Sufficient Grounds for Suspicion for the Search of a Home as a Safeguard in Croatia
Sufficient Grounds for Suspicion for the Search of a Home as a Safeguard in Croatia

Summary/Abstract: Criminal procedural law is part of the broader criminal law whose task is to determine the relationship between the state and the perpetrators of criminal offences, as well as the position of other citizens who are participants in that relationship. A primary role can be given to the interests of the state or the individual, or a balance between these two interests can be established. In criminal procedural law theory, this problem is known as the conflict between the tendency to efficiency and the tendency to protect the rights of citizens. The state is legitimately requested to prevent and combat crime effectively as well as to respect the fundamental rights of citizens. An imbalance between these two interests, regardless of which side is supported, results in the non-rational criminal procedure. Non-rationality in an extreme degree can be manifested in the complete inability of the state to punish the perpetrators of criminal offences, or in totalitarianism and repression of citizens. The rational criminal procedure, which is our aim, should be based on the balance between the tendency to efficiency and the tendency to protect the rights of citizens. The final result is manifested in the treatment of an individual in a particular criminal justice system.

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