Uloga kriminalisitičkog mišljenja u kriminalističkom istraživanju policije
Some reflections on the process and role of thinking in crime investigation
Author(s): Duško Modly, Adnan DurakovićSubject(s): Criminal Law, Criminology, Penal Policy
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: Police; criminal procedure; criminal investigations; criminal thinking; judicial truth;
Summary/Abstract: The function and the role of the police as a part of the state administration is very broad and complicated. Police procedure is basically a system of numer¬ous measures, actions and decisions related to the prevention and repression of crime. The terms used in the operational work of the police are very heterogene¬ous. They cover a large scope of work of authorized police officers depending on their status and role in the process. For police operations cognitive functions, descriptions, explanations, pre¬dictions, analysis, assessments, conclusions etc. play an important role. This work requires specific cognitive dimension. Police work requires that the au¬thorized officers are competent, educated, professional, authoritative, creative, have high moral standards and the like. The operational work of the police should always include preventive and repressive activities. Criminal proceedings rarely can be implemented without the involvement of the police. The current legislative solutions and legal theories deny the po¬lice the status of criminal procedure organ in the strict sense of the word. But in a broader sense, it is one of the organs of criminal proceedings, particularly when it is entitled and authorized to take the process of anticipated (investigation) activities.But in carrying out investigation and anticipated process activities and other activities in the criminal proceedings, the police methodology is largely focused on the rules of criminal and forensic sciences. These doctrines and disciplines experience rapid and great progress which cannot be said for the doctrine of the criminal procedural law, whose standards are fairly static, despite the recently-present normative inflation in the field of criminal law and the frequent amendments to standards. Most of the operational activities are carried out in the framework of the criminal investigation in a specific way. It is a procedure (system) sui generis with a rich criminal, forensic and legal content.
Journal: Dijalog - Časopis za filozofiju i društvenu teoriju
- Issue Year: 2014
- Issue No: 03+04
- Page Range: 7-18
- Page Count: 12
- Language: Bosnian