Pregledni rad
Home search in european criminal procedures
Siniša Škarica
Sažetak
Inquiry and investigatory action have their similarities, but most certainly their differences too. The essence of this paper is to comprehend these differences, to understand the importance of lawful evidence which will later be used in legal proceedings. Sources range from the Constitution as the highest legal act of the state to international sources, court practice and to subordinate legal acts. By this we can see that many people and institutions and even society itself have dealt with this problem area. In this paper, inspection and search are explained individually. In particular, the part in which consequences are underlined that can lead to abuse and are most often used is analysed. Human rights are the foundation of social order and it is indisputable that the state must do all can to secure respect for these rights for its citizen. By acting legally, firstly legal regulation of the terms inspection and search, determining the scope, rules and so on, the state is heading in that direction. The European Convention for the Protection of Human Rights and Fundamental Freedoms has its legal norms in article 8, and the Universal Declaration on Human Rights in article 12, and the International Covenant on Civil and Political Rights in article 17. Our Constitution also follows that tendency and does so in provision article 34. The subject of this paper is considerations linked to house search in Croatian criminal legal proceedings with particular reference to a few European criminal legislations.
Ključne riječi
inspection; search; human rights; principle of legality; warrant; social- political significance
Hrčak ID:
79138
URI
Datum izdavanja:
28.3.2012.
Posjeta: 3.653 *