Prosecutorial investigation: Pros and cons

Since 1890, Serbia had judicial investigation, but in 2011 a new law was brought. That was the way of transition from judicial to prosecutorial investigation. The author tried to find which of this two types of investigation is more efficient. By comparing pros and cons of judicial investigation and...

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Main Author: Živković Natalija
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2017-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651703207Z.pdf
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author Živković Natalija
author_facet Živković Natalija
author_sort Živković Natalija
collection DOAJ
description Since 1890, Serbia had judicial investigation, but in 2011 a new law was brought. That was the way of transition from judicial to prosecutorial investigation. The author tried to find which of this two types of investigation is more efficient. By comparing pros and cons of judicial investigation and prosecutorial investigation author made a conclusion that prosecutorial investigation is more efficient than judicial investigation. Prosecutorial investigation provides possibility to the court to concentrate on his basic function-judgement. It also provides possibility to the prosecutor to research more than he could in judicial investigation. Prosecutorial investigation proclaims prosecutor as unbiased party in criminal procedure. It also obligates him to collect proofs at the expense and in favor of the defendant and that is problem. In addition to the analysis of the advantages and disadvantages of the judicial investigation and prosecutorial investigation author also presented features of the prosecutorial investigation under the Serbian Criminal Procedure Code from 2011.and the problems that arise there.
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spelling doaj.art-c1de1856eea54b45a4e5f83739b436e92022-12-21T18:37:56ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932017-01-0165320722510.5937/AnaliPFB1703207Z0003-25651703207ZProsecutorial investigation: Pros and consŽivković Natalija0University of Belgrade, Faculty of Law, Belgrade, SerbiaSince 1890, Serbia had judicial investigation, but in 2011 a new law was brought. That was the way of transition from judicial to prosecutorial investigation. The author tried to find which of this two types of investigation is more efficient. By comparing pros and cons of judicial investigation and prosecutorial investigation author made a conclusion that prosecutorial investigation is more efficient than judicial investigation. Prosecutorial investigation provides possibility to the court to concentrate on his basic function-judgement. It also provides possibility to the prosecutor to research more than he could in judicial investigation. Prosecutorial investigation proclaims prosecutor as unbiased party in criminal procedure. It also obligates him to collect proofs at the expense and in favor of the defendant and that is problem. In addition to the analysis of the advantages and disadvantages of the judicial investigation and prosecutorial investigation author also presented features of the prosecutorial investigation under the Serbian Criminal Procedure Code from 2011.and the problems that arise there.http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651703207Z.pdfinvestigationprosecutorial investigationjudicial investigationpublic prosecutorinquisitor
spellingShingle Živković Natalija
Prosecutorial investigation: Pros and cons
Anali Pravnog Fakulteta u Beogradu
investigation
prosecutorial investigation
judicial investigation
public prosecutor
inquisitor
title Prosecutorial investigation: Pros and cons
title_full Prosecutorial investigation: Pros and cons
title_fullStr Prosecutorial investigation: Pros and cons
title_full_unstemmed Prosecutorial investigation: Pros and cons
title_short Prosecutorial investigation: Pros and cons
title_sort prosecutorial investigation pros and cons
topic investigation
prosecutorial investigation
judicial investigation
public prosecutor
inquisitor
url http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2017/0003-25651703207Z.pdf
work_keys_str_mv AT zivkovicnatalija prosecutorialinvestigationprosandcons