ПРИЈАВЉИВАЊЕ (НЕ)ЗНАЧИ ОПТУЖИВАЊЕ У КРИВИЧНОМ ПОСТУПКУ
REPORTING (DOESN’T) MEAN ACCUSATION IN CRIMINAL PROCEEDINGS

Summary/Abstract: Procedural actions taken upon a report of a criminal offense are of key importance in criminal proceedings, as they serve as the basis for determining the existence of grounds for suspicion necessary to initiate an investigation. Upon a report of a criminal offense, the prosecutor’s office and authorized officials collect information, conduct an investigation, secure traces and material evidence, as well as other investigative actions in order to shed light on the reported event. Of particular importance is the situation when a person voluntarily reports and cooperates with the prosecution authorities, which may have an impact on sentencing, in terms of mitigation or exemption from punishment.The legality and legitimacy of the procedural actions carried out by an authorized official under the supervision of the prosecutor influences the outcome of the decision to issue an order to (not) conduct an investigation, thus ensuring the further course of criminal prosecution in accordance with the law, while respecting the rights of the suspect, as well as the injured party in criminal proceedings. Due to a negative outcome of the prosecutorial investigation, the injured party has the right to file a complaint with the Chief District Prosecutor. An objection to the Chief Prosecutor is permitted against the decision of the Chief District Prosecutor. Therefore, the injured party does not have the right to appeal a negative prosecutorial decision, which is decided by the court. Another decision that can be made in an investigation is a decision to discontinue the investigation, which is not a final court decision in the sense of the ne bis in idem principle. So the question arises whether an investigation can be reopened after it has been suspended in a case. As a rule, an investigation could be reopened in the same case if the investigation was suspended because there is insufficient evidence that the suspect committed the criminal offense for which he is charged.The further course of the criminal proceedings depends on the outcome of the investigation. A court order (pre-trial judge) is required to collect evidence in an investigation, which is a guarantee of the legality of the evidence. So, it is not an easy way to obtain evidence in an investigation, because a prosecutor’s proposal, a court order, and the existence of grounds for suspicion are required to undertake some of the evidentiary actions. Judicial review of the prosecutor’s proposal for the conduct of evidentiary actions serves to protect the fundamental rights of the suspect in criminal proceedings and ensures respect for the presumption of innocence. The filing and confirmation of an indictment is conditional on the existence of a more demanding evidentiary standard of reasonable doubt supported by evidence of the criminal offense, the perpetrator of the criminal offense, and guilt. The outcome of criminal proceedings depends on the legality of the evidence collected during the investigation, on the existence of sufficient evidence to file an indictment, as well as on the decision of the preliminary hearing judge, who may confirm or reject all or individual counts of the indictment.

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