Review article

https://doi.org/10.54070/hljk.29.1.1

Presence of two witnesses a home search in the practice of The Supreme court of the Republic of Croatia

Silvija Pejaković-Đipić orcid.org/0000-0002-8510-7231 ; Policijska akademija,MUP RH, Zagreb, Hrvatska

Abstract

The author analyses the legal provision on the mandatory presence of two witnesses at a home search from a theoretical and practical point of view. According to Art. 254 para. 2 of the Criminal Procedure Act, the search of a home must be conducted in the presence of two adult citizens as witnesses. Citizens as witnesses are an element of control over the police work, and the legality of the action and the credibility of the evidence depend on their presence and testimony. So far, no research has been conducted in Croatia on the application of this provision in practice. Therefore, the author analyses the case law of the Supreme Court of the Republic of Croatia in a twenty-year period, from 2000 to 2019, in order to determine the interpretations and actual characteristics of the application of the rule on the mandatory presence of two witnesses during a home search

Keywords

home search, simultaneous presence, credibility of evidence, legality of the action

Hrčak ID:

288439

URI

https://hrcak.srce.hr/288439

Publication date:

24.11.2022.

Article data in other languages: croatian

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