Criminal Legal and Psychological Aspects in Prooving the Aliby of the Suspected Person, of The Accused and of the Witness Cover Image

Criminal Legal and Psychological Aspects in Prooving the Aliby of the Suspected Person, of The Accused and of the Witness
Criminal Legal and Psychological Aspects in Prooving the Aliby of the Suspected Person, of The Accused and of the Witness

Author(s): Osman N. Jašarević
Subject(s): Criminology
Published by: Факултет за безбедност - Скопје
Keywords: psychological-legal aspects; alibi; false defending alibi; suspected; accused; witness; the truth

Summary/Abstract: There is a constant battle between the person who did the crime and the state's punitive organs. In that battle the state organs should be always a step ahead and react to all kinds of crime on time. But in reality that is not always the case. Due to the modern science's, technique's, electronic high development, a very wide circle of people can educate themselves and improve their education level. But this process also gives opportunity to potential and future criminals to improve their techniques, especially the ones in hiding and destroying clues, the subjects of the attack, the crime weapons and in hiding the witnesses of the alibi (false-defending alibi). On the other hand there are lots of legal proving materials and weapons that are provided in the criminal procedure laws. Unfortunately, some very successful methods and materials are not provided in our criminal procedural laws. One of them is the alibi. That is the reason why the alibi (as a proving weapon) has been a part of my interest for several years (since the time of working on my master thesis). Since then I have been trying to find and to show in a very systematic way all domestic and international scientific researches, developments and discoveries on this matter. This also includes scientific discoveries in psychology, legal psychology, psychopathology, legal medicine, criminology, criminalistics, criminal procedural law and other common disciplines. In the alibi (as a proving material) researches I have always considered it important to have in mind the matter of its time and geography, and history of this institute, giving some very interesting, truthful and illuminating examples that show the entire importance and complexity of the alibi. Some casuistic examples of scientists (for example Prof. Vladimir Vodinelić, etc.), as well as the scientific literature, legal regulation, theoretical discoveries and legal practice that are considered in this article, took a very important place in the science of ex Yugoslavia, whose legal system was very well established; this all gives this article a high recommendation. The aim of this article is to introduce and to present the topic of alibi to the students of legal and criminal sciences, judges, prosecutors and police officers whose job is to find the guilty ones. The author hopes that this article will be useful for them in the process of finding the facts and the truth, using the alibi as a proving weapon.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 9-19
  • Page Count: 11
  • Language: English