EVIDENTIARY ACTIONS AND SPECIAL INVESTIGATIVE ACTIONS: THEORETICAL-IMPLEMENTING ASPECT

Abstract

It is practically impossible to imagine the collection of necessary evidence and the evidentiary procedure without the application of general evidentiary actions as well as special investigative actions in relation to legally prescribed criminal offenses for which the application of these specific actions can be determined. The Criminal Procedure Code prescribes general evidentiary and special investigative actions as well as restrictive legal conditions for their application. It is undisputed that the position of the prosecutor in the evidentiary procedure regarding the determination of the existence of a certain criminal offense and guilt depends on the volume and qualitative component of the evidence collected in the investigation, which means that the segment of the application of general and special investigative actions in relation to legality of collected evidence and respect for human rights and freedoms, is very important. The burden of proof is on the acting prosecutor, who has a leading and supervisory role in the investigation in relation to authorized officials in terms of the implementation of mentioned evidentiary actions and the collection of necessary evidence. It follows from the above stated that in each specific case, for the application of general evidentiary actions and special investigative actions, it is necessary to meet restrictive legal requirements. Also, this paper covers the implementation or enforcement aspect regarding the initiation and application of these evidentiary actions.