KONCEPT ISTRAGE PREMA KRIVIČNO-PROCESNOM ZAKONODAVSTVU BOSNE I HERCEGOVINE
THE CONCEPT OF INVESTIGATION IN THE CRIMINAL PROCEDURE LEGISLATION OF BOSNIA AND HERZEGOVINA

Summary/Abstract: The new Law on Criminal Procedure of Bosnia and Herzegovina from 2003 introduced a new model of prosecution. The judicial model has been replaced by the prosecutorial model of investigation with pronounced accusatory (party) elements in the main trial. This has considerably changed the position and role of the prosecutor in the criminal procedure which is characterized by two essential components: the right to initiate and conduct investigations and the right to propose and present evidence at trial. The filing of criminal charges is now in the sole responsibility of the prosecutor as a state organ. Although originally an Anglo-Saxon concept, the prosecutorial model of investigation has been increasingly applied in other jurisdictions. Given that our criminal procedural system originally belongs to the European continental model, it can be concluded that the criminal proceeding contains elements of mixed European continental law and common law, i.e. the Anglo-American accusatory system. Although the two systems are completely different, the prosecutorial concept of investigation does provide some positive results.

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