Актуелна процесна питања у истрази као претпоставка ефикасности кривичног поступка у Босни и Херцеговини
Current Procedural Issues in the Investigation as a Presumption of the Efficiency of the Criminal Procedure in Bosnia and Herzegovina

Author(s): Sadmir Karović, Marina M. Simović
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Investigation; Efficiency; Criminal offense; Criminal procedure;
Summary/Abstract: Achieving the highest possible degree of efficiency by subject of criminal procedure in terms of solving specific criminal matters in criminal proceedings is imperative. In this paper, certain procedural issues are raised that directly affect both the timely, efficient and legal conduct of the investigation and, at the same time, the effective conduct and conclusion (outcome) of the criminal proceedings. The investigation as the first phase of the criminal procedure, more precisely the phase of the preliminary procedure, deserves the special attention from the scientific and professional public in the context of reviewing the fulfillment of the qualitative component in the work of the competent subjects of criminal procedure, first of all, the prosecutor as the head (manager) of the investigation, but also other auxiliary criminal procedure subjects (authorized officials, experts, defense counsel, expert witnesses, etc.). In connection with the above, this work incorporates certain questions of a procedural nature that directly relate to the component of efficiency and legality, such as determining the existence of grounds for suspicion that a particular criminal offense has been committed, the prosecutor's assessment and decision on the initiation and implementation of the investigation, the implementation of criminal procedural actions, (not)exercising the right to defense in the investigation, as well as the selection and elimination of illegal evidence as a prerequisite for the effectiveness of the criminal procedure.

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