Naslov
Žalbe okrivljenika na policijsko postupanje u postupcima Europskih uhidbenih naloga
(Defendants’ complaint against police work in European arrest warrant proceedings)

Autori
Karas, Željko

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, ostalo

Izvornik
Criminal Justice and Security in Central and Eastern Europe / Meško, Gorazd - Ljubljana : Faculty of Criminal Justice and Security, University of Maribor, 2016, 53-53

ISBN
978-961-6821-56-8

Skup
Safety, Security, and Social Control in Local Communities

Mjesto i datum
Ljubljana, Slovenija, 26.09.2016. - 27.09.2016

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Europski uhidbeni nalog, policija, sudska praksa
(European Arrest Warrant, police, case-law, Croatia)

Sažetak
The aim of this research is to identify how police investigation was treated during the first years of enforcing European Arrest Warrant [EAW] in Croatia. It is notorious that perpetrators try to evade criminal investigation, particularly when they arrive to another country only to commit crimes. In such situations, crime investigation may face many difficulties. Legal systems have appropriate means in terms of enabling bodies of criminal proceedings to find criminals from other countries. The main instrument for that is the EAW, introduced in EU Framework Decision in 2002, which came into force in 2004. The present part of the research is based on the sample made of 121 decisions of the Supreme Court of Croatia delivered in the period 2013–2016. The sample includes all available final decisions regarding complaints against decisions of first instance courts on the execution of the EAW. The research was focused on defendants’ allegations that the police work and crime investigation had questionable results that are obstacles for surrendering. All gathered decisions were analysed through main variables: crime characteristics (such as the type of crime, damage etc.) ; police issues in evidence gathering (difficulties in determining identity, requesting new evidence etc.) ; and procedural safeguards. The results of the research show that only in few cases the remarks concerned alleged misconduct of foreign police, or the quality of evidence collected by a police. The current analysis indicates that police work hasn’t been prevailing ground for complaints, and it did not have any significant impact on performing the EAW. Determining identity in absence of appropriate evidence is showed as a main difficulty in police work. The research results concern primarily the Croatian system, however the particular role of police is imminent to every legal system in the EU that recently introduced the EAW. Results could be used for comparisons with European Evidence Warrant (EEW). The research results indicate that crime investigations conducted by foreign police were well performed and therefore they did not present special issue in proceedings. Considering the fact that a modern society without borders inevitably implies mutual cooperation of police forces, the research points out that judicial stages of proceedings that is properly grounded, and that the main difficulties may rise in some other aspects of proceedings. In most of analysed cases, defendants based their complaints on procedural rules, such as double jeopardy, limitation, as well as on some other aspects of the procedure. There are rather many theoretical and dogmatic papers on the topic in recent literature, but very few of them included empirical researches on police issues in the EAW proceedings.

Izvorni jezik
Engleski

Znanstvena područja
Pravo, Sigurnosne i obrambene znanosti

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