Megjegyzések a nyomozás körüli „időutazás” régi és újabb állomásaihoz

Abstract

Aim: This study compares the centuries old domestic lessons of the regulations of investigation with the goals and implementation of the current rulings. It examines to what extent the initial experiences of the new rulings have met the expectations. Methodology: The preparatory character of the investigation, that often determines the subsequent procedure, requires a new approach both to legislation and to jurisprudence to strengthen the concord of practicality, effectiveness and legality. Findings: Legislation of the preparatory procedure establishing the investigation, as well as the differentiation between the detection and examination phase were carried out with this purpose. The distinctions were made on consistent theoretical basis, with clear delineation of responsibilities, nevertheless it did not result a problem-free operation in practice. This had an impact on the tools, methods and intensity of the prosecution’s supervisory and control powers. Value: The study concludes that strengthening the independence of detection phase shall not exclude, but indeed justify a more active role of the prosecution service already in this phase of the proceedings. At the same time, creating a less rigid boundary between these two phases of the investigation could facilitate the possibility for a more differentiated prosecution of the offenders, and a more realistic need thereof.