Prosecutorial Investigation – Pros and Cons Cover Image

Тужилачка истрага – предности и мане
Prosecutorial Investigation – Pros and Cons

Author(s): Natalija Živković
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Београду
Keywords: Investigation; Prosecutorial investigation; Judicial investigation; Public prosecutor; Inquisitor

Summary/Abstract: Since 1890, Serbia had judicial investigation, but in 2011 a new law was brought. That was the way of transition from judicial to prosecutorial investigation. The author tried to find which of this two types of investigation is more efficient. By comparing pros and cons of judicial investigation and prosecutorial investigation author made a conclusion that prosecutorial investigation is more efficient than judicial investigation. Prosecutorial investigation provides possibility to the court to concentrate on his basic function-judgement. It also provides possibility to the prosecutor to research more than he could in judicalinvestigation. Prosecutorial investigation proclaims prosecutor as unbiased party in criminal procedure. It also obligates him to collect proofs at the expense and in favour of the defendant and that is problem. In addition to the analysis of the adventages and disadventages of the judicial investigation and prosecutorial investigation author also presented features of the prosecutorial investigation under the Serbian Criminal Procedure Code from 2011.and the problems that arise there.

  • Issue Year: 65/2017
  • Issue No: 3
  • Page Range: 207-225
  • Page Count: 19
  • Language: Serbian