ISTRAGOM RUKOVODI TUŽILAC (NE) RUKOVODI OVLAŠĆENA SLUŽBENA LICA U BIH
THE INVESTIGATION IS DIRECTED BY THE PROSECUTOR AND (NOT)DIRECTED BY THE POLICE

Summary/Abstract: The police (the authorized officials) has an active procedural role in the investigation, because the conducting a crime scene investigation is carried out with the help of an expert in the forensic and technical profession. This investigative action provides the necessary evidence for criminal proceedings. The presence of the prosecutor at the conducting a crime scene investigation is not mandatory. But the police must inform the prosecutor that they will carry out the conducting a crime scene investigation. The procedural act of police restriction of movement at the scene of the crime ensures the presence of the suspect, witnesses, accomplices in the criminal proceedings. The aforementioned investigative actions by the jurisdiction of the police speak of the important procedural role of the police in criminal proceedings. The legality of investigative actions is ensured by the prosecutor’s supervision of the work of the police. We would say that according to the law there are two types of mandatory supervision of the prosecutor over the work of the police depending on the prescribed punishment for the committed criminal act. So we can to talk about immediately mandatory supervision of the prosecutor over the work of the police or subsequent mandatory supervision. We think that investigation has been started interrogation of the suspect by the police and the prosecutor and informing the suspect that he can defend himself by remaining silent and that he has the right to a lawyer.

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