Istraga u krivičnom postupku

Abstract

Experience of many democratic legal countries which nowadays have public-prosecution investigation, indicates that such type of investigation, on its own and when legal solutions are appropriate, is not the threat to the protection of vital rights of the defendant in the criminal proceedings, neither the judicial investigation by itself (about which we have our own experiences from the period of one party system) is not the total guarantee for the respect of defense rights and objective criminal proceedings. Regardless this doctrinary statement, it is necessary to be very careful in the reform of our criminal proceedings and the time of great world financial crisis, as well as certain social instabilities with the simultaneous conducting of the fundamental reform of the criminal proceedings is not the most ideal moment for tectonic modifications of the criminal procedure, which specially applies to excessively rapid change of the inquiry type. Although, according to all the facts, (which is according to the opinion of the author of this text completely justified), sooner or later the inquiry in our criminal proceedings shall be of prosecution type, the concretization of that model should not be rushed into, since the excessive rush cannot be valid ally in the preparation of such an important and complex legal text, as it is the case in the Rules on Criminal Proceedings.