Abstract

The paper focuses on the analysis of empirical data related to criminal acts of rape in Bosnia and Herzegovina. The analysis includes cases from three largest cities in Bosnia and Herzegovina, which means that the sample may not be representative, but is certainly illustrative. In this study, the aim of which is to analyse crime investigation and procedural procedures in the process of resolving criminal acts of rape, the author uses the subjective - objective method for the first time. The exploratory data analysis was applied to determine the causal impact of individual manifest indicators (objectively and subjectively determined) of the quality and effici­ency of conducted proceedings and actions within the criminal procedures. Furthermore, the functional correlation approach was used between certain individual subjective indicators from the evaluation of professionals and the individual manifest variables objectively determined by the research proto­col, which have become the subject of the research: crime scene protection, crime scene investigation and criminal investigation. These analyses were used to determine which actions and operations of criminal procedures significantly affect the quality and efficiency of pre-trial criminal investigation work, which is afterward reflected on the trial process and adoption of final court decisions for criminal offenses of rape. Author finally draws certain conclusions based on the research findings. There is no doubt that properly performed steps of the initial inte­rvention, crime scene inspection, expertise and crime investigation influence the court decision to impose unconditional sanctions such as terms of impri­sonment, whereas incomplete activities enhance the likelihood of dropping charges. The final conclusion of the research is that there is a direct corre­lation between the quality of performed crime investigation procedures in resolving rape crimes and the type of court decision and hence the fairness of the trial.

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