Suchergebnisse

According to available data (statistical data, data from investigations, professional and scientific papers) property crime represents about two thirds of total crime in the Republic of Croatia. Proof of committing is very often based on personal sources of evidence and a significant number of criminal charges filed by the police with these criminal offenses are submitted to the State Attorney's Office. This article presents the state of affairs and trends of property crime, the way of proof, and analyzes the police's success in detecting and proving serious offenses (Article 229. of the Criminal Code). The work is based on the collected data from the police records of Aggravated Larceny crimes, with special emphasis on the suspect's interrogation based on Article 208a of the Criminal Procedure Act and the significance of the evidence thus obtained for proving the perpetration of the criminal offense. The research was conducted with the aim of determining the effects of the recently transposed Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294) into the criminal justice system of the Republic of Croatia.

The latest amendment to the CPA / 08 is one of the most demanding changes that accompanied the transposition of the EU Directive into our national legislation. Although more than one directive is concerned, the most significant is the Directive of the European Parliament and Council Directive 2013/48 / EU on 22 October 2013., on access to the lawyer in criminal proceedings and in proceedings based on a European Arrest Warrant, as well as on the right to third party information in the event of arrest and a right to communication with third parties and consular authorities. In essence, the Directive amended the police's conduct towards the suspect in a way that "forbids" the gathering of information from the suspect, and the police are obliged to conduct the investigation with the full guarantee of the right to defense. Considering the practical aspect of the current legislation, especially when conducting criminal investigations into the domain of general criminality (blood and property delicts), for police officers, the informal testimony of the suspect plays a significant role in further prosecuting and directing criminal investigation. Directing the investigation is important for detecting potential perpetrators of crime, finding objects and traces that have resulted from the perpetration of a criminal offense or from those used to commit a criminal offense, ie information, objects and traces that might be of use to successfully conduct criminal proceedings. With the Amendments to the CPA / 08, police officers will no longer be able to conduct such informal informational conversation with the suspect for a specific criminal offense. The basic aim of the research is to establish which changes do the amendments to the legal provisions haveon the detective and the demonstration activity of the police, and from a practical aspect, the research aims to look at the difficulties as well as the benefits faced daily by the police officers in detecting and proving the perpetration of criminal offenses. This paper presents the results of preliminary research conducted in the area of Zagreb County Police Administration.