ДОКАЗИ И ВЕРЗИЈЕ У КРИВИЧНОМ ПОСТУПКУ
EVIDENCE AND ITS VERSIONS IN THE CRIMINAL PROCEDURE

Summary/Abstract: In this essay, the problems of the relationship between evidence and its versions or variants in the criminal procedure are analysed. The author rejects the classical criteria for the classification of evidence on direct and indirect as tautological, asserting that in the case of circumstantial evidence, the ties between the circumstantial fact and the decisive or determinating fact is multi-meaningful, while in the case of direct evidence it has singular meaning. In this manner he establishes a connection between the evidence and its version or variants, feeling that in the case of circumstantial evidence several versions (and counter-versions) pertaining to the evidential fact must be planned. Furthermore, the author explains that the versions (of the evidence) are an indispensible element of the pre-criminal and criminal procedure, defending the idea that the creation of versions (of evidence) is not a procedural, but rather a para-procedural activity. However, although a version as such is not a procedural activity, it comprises the basis of the procedural activity, such as for instance, the decision to begin an investigation, the indictment and the verdict (or sentence). Activity on the establishment of versions is a procedural and tactical activity of the mind, and therefore it is not regulated through the procedure. The activity which represents the verification of the version is however regulated through the procedure. And lastly, the essay deals with the specific features of the versions: hearing conducted before a panel of several judges and on identity by experts („expert version on identity”).

• Details
• Contents