Razvojni pravci istražnog postupka i istrage

Abstract

In this paper the author presents some of the features of prosecutorial model of investigation which has been adopted in the Republic of Serbia, with an overview of the development of the investigation procedures in Europe in general, and also in the Republic of Serbia and countries whose legal successor is Serbia. The paper starts with the introduction of the mixed system in investigation procedure in Europe. The development of the investigation also shows the status of the defendants and their rights, depending on the historical moment. We analyzed the issues that we considered insufficiently regulated in the current Criminal Procedure Law, primarily rights of the defendants, and we were trying to find a connection between status of the defendant from the historical point of view, in order to give answers to the question when was the most difficult time for the defendants and whether it is now easy for them. What does abandoning of the principle of material truth mean? Can the current Criminal Procedure Code survive without it? How will the authorities technically apply the Criminal Procedure Law, since it represents a combination of adversarial and European continental legal system? The equality of both parties is essential only in principle, but instead of that inquisitorial elements prevails, with emphasis on some form of passivity of the court and granting great powers to the party who has the burden of proof. Is this a step backwards or a step forward?.