A Comparative Analysis of Pre-Trial Procedure in Europe: The Search for an Ideal Model
The Role of the Police in the Pre-trial Phase of SerbiaZeljko Nıkac, Branko Lestanın
The chapter explores the place, role and position of the police in the pre-investigative and investigative procedure as part of the criminal procedure understood in a broader sense. In addition to the analysis of Serbian criminal procedural legislation, the authors will try to observe this phenomenon even through comparative law and procedural rules in some Balkan and European countries. In addition, a short analysis of the decisions of the European Court of Human Rights and their impact on the position of the police will be carried out. As part of the empirical research, the authors carried out an analysis of the police activities in the (pre) investigative procedure in order to examine the use of certain procedural mechanisms in the fight against crime. Finally, a vision of a model that could serve as a leading idea in the organization and functioning of the police in the pre-trial phase of the criminal procedure is given.