Претходни поступак кроз призму стандарда доказивања - норма и пракса
Preliminary Proceedings Through the Prism of Evidentiary Standard Norms and Case Law

Author(s): Sadmir Karović, Marina M. Simović
Subject(s): Law, Constitution, Jurisprudence, Court case
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Preliminary proceedings; Ground for suspicion; Reasonable doubt; Criminal offense;
Summary/Abstract: This paper is focused on preliminary proceedings (investigation and accusation procedure) through the prism of meeting the standard of proof and respecting restrictive legal requirements of a procedural nature. The existence of grounds for suspicion of a certain criminal offense constitutes the material requirement for initiating and conducting an investigation, which is the first procedural phase of the preliminary proceedings. Given that the legislator did not prescribe the meaning of the evidentiary standard of grounds for suspicion in the catalog of basic terms, there is a purposeful need to draw attention to the basic determinants or definitions of this evidentiary standard, the existence of which directly depends on the initiation and conduct of the investigation. Conversely, the results of the investigation directly influence and depend on the indictment procedure, which is the second procedural phase of the preliminary proceedings. This involves conducting the investigative and evideniary actions based on the plan to gather necessary evidence, all under the competent prosecutor's management and supervision. The legislator prescribed the meaning of the term reasonable suspicion in the catalog of basic terms of the criminal procedure code but did not formulate and determine the legal nature and essence of this evidentiary standard in a substantive and precise manner. The author's intention is to look at the preliminary proceedings in a comprehensive and versatile manner, taking into account its two procedural phases through the prism of meeting evidentiary standards, and to point out certain practical problems and dilemmas.

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