Uviđaj u krivičnom procesnom pravu Bosne i Hercegovine
Метаподаци
Приказ свих података о дисертацијиСажетак
The dissertation is structured in three complementary and
thematically processed units devoted primarily to the criminalprocedural
and criminal aspects of the insight. This dualist character
of the insight and the necessary unity of its elements imposed a need
to consider both aspects of this institute theoretically.
The first part of the paper contains of two chapters. The first one
relates to the theoretical-methodological approach and the framework
of research, and the second one to theoretical approaches to define the
notion of insight and its legal definition, as well as the characteristics
of the continental and Anglo-Saxon model of investigation and
insights within it, as well as the advantages and disadvantages of
both. The second chapter ends with the criminal investigation model
in BH, the reasons for its legalization and the problems that arise in
practice.
The issues related to the insight in the judiciary practice of BH are
considered in the second part of t...he paper. This second part also
contains two chapters. The first one refers to the observation of the
positive law of BH and its entities – the Federation of BH, the
Republic of Srpska and Brcko District, including the competencies of
the authorities for conducting the investigation. The second chapter
relates to the specificity of the investigation for certain criminal
offenses, for proper orientation in conducting the investigation,
especially in relation to criminal-technical measures and actions,
which shall be individualized and adapted to the conditions and
specifics of each particular criminal case (for example, in the case of
robbery, murder, rape, arson, etc.).
The third part of the paper deals with the probative force of the
investigation in the criminal procedure and the values of the
investigation activities. The most common mistakes and weaknesses
during the survey conduction are separated. An overview and analysis
of the research results and conclusions are given at the end of the
paper.
The aim of the dissertation is to examine and determine the
justification of the change in the practice of conducting the
investigation, based on the theoretical and empirical indicators
obtained from the conducted research, since the model of public
prosecution investigation in Bosnia and Herzegovina, as well as its
entities – the Federation of BH, the Republic of Srpska and Brcko
District of BH, in 2003 was taken over mechanically, without
previous valid investigation of the shortcomings and the lack of
application of the continental, judicial model of investigation and
insights within it.
The method of researching social phenomena is used in the research
and analysis of this problem. In addition to the use of general methods
(method of observation, method of description, method of scientific
explanation), the normative method is used too, in order to establish
the legal norm for the survey during the scientific work of this topic,
as it is prescribed in Bosnia and Herzegovina and implemented in
practice. A comparative legal method of legal regulation of insights is
also used in judicial and public prosecutorial investigation. An
analytical-statistical method and functional analysis are used in the
empirical research, where the statistical data of the RS MoI – the
number of performed surveys – are processed. The statistical data of
the RS Prosecutor's Office on the total number of initiated and
completed investigations are provided in order to examine the
application insights as evidence in practice, and its impact on the flow
and efficiency of the proceedings. The analysis and comparison of
statistical data on the number of investigations carried out, their
outcome in the three-year observed period of judicial investigation
(2000, 2001 and 2002) and the three-year observed period of
application of public prosecutor's investigation (2004, 2005 and 2006)
has been done. This is done in order to obtain valid indicators
regarding the impact which the concept of judicial or prosecutorial
investigation has on the quality of investigations in relation to
suspensions, accusations and incomplete investigations, and to see
how this reflects the effectiveness of the criminal proceedings as a
whole. The results of the survey are presented in the second part of
the survey (using the questionnaire "opinion" according to the Likert
method), which is used as a research technique for collecting peer
views and opinions of former investigative judges, current
prosecutors, police officers and lawyers on affection or adversity to
court or prosecutorial concept of investigation.
This kind of research enables the comparison of police activities and
investigative judge activities in a pre-trial procedure on the one hand
and the investigation conduction in court investigation on the other
hand, including the activity of police and public prosecutor in
performing the investigation in prosecution investigation. The
presented results confirm and undoubtedly indicate that the public
prosecutor's investigation contributes more to the efficiency of the
procedure than court investigation. Also, the majority of total
respondents express affection for the prosecution, which indicates that
this research absolutely confirms the justification to introduce
prosecution investigations in Bosnia and Herzegovina.