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Preliminary Investigation to the Croatian Criminal Procedure Act

During the 2008 Republic of Croatia adopted a new Criminal Procedure Act in which the previously accepted model of mixed criminal proceedings was left and the party formed model was chosen. After that, the legislator made some significant changes in a relation to the original text of that Act. The last change was made in year 2013 as a result of significant decisions brought by the Croatian Constitutional Court, who found incompatibilities in some provisions of the Criminal Procedure Act in compare with the provisions of the Croatian Constitution Act. Concerning the last amendments of the Criminal Procedure Act, it can be concluded that on that changes a significant influence also made the European Court decision which referred to the Republic of Croatia omissions during the criminal proceedings. This article analyzes normative framework of the preliminary investigation of criminal acts. During this phase of the criminal proceedings many different categories of actions must be conducted. They are generally divided into the actions of detecting and clarifying of the committed crime and the actions who are directed on obtaining evidences. The first actions are divided on the Police Duties and Powers Act and the second are divided on evidentiary actions and special evidentiary actions. This article specifically analyzes evidentiary actions that ought to be taken urgently and independently by the police. Also, this paper specifically stresses the regulation of certain institutes, and points out the changes in the position of the police in the stage of previous proceedings. Regard this, during the last amendments of the Criminal Procedure Act, the legislator made a return to the earlier legislative solution, characterized by the independence of the police in undertaking urgent evidentiary actions. For the implementation of the accepted model of criminal procedure it is crucial to establish relationship between the public prosecutor and the police. The provisions of other laws which define the powers, rights and the relationship of these two fundamental subjects of preliminary proceedings are also discussed in this article. The above mentioned amendments of Criminal Procedure Act have strengthened the role of the court in the previous proceedings, whose role is control of the legality of the actions undertaken by the public prosecutor and protection of the rights of the defendant. Amendments to the Criminal Procedure Act also strengthened the position of the suspect person and the victims of the crime in a relation to their rights for participation in the criminal proceedings.

criminal procedure, preliminary investigation, police

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