Preliminary communication
Searching a person without a warrant in criminal proceedings
Damir Maračić
orcid.org/0000-0002-7753-9157
; u mirovini
Abstract
s
A search of a person without a search warrant, legally regulated by Criminal Procedure Act is very
valuable criminal procedure action given to the police, unfortunately not very often used in practice.
This article presents and elaborates the components of this evidentiary action, certain measures to ensure
the presence of the defendant during criminal proceedings (compulsory appearance, arrest, European
Arrest Warrant), defendant’s rights, comparison of the scope of a search of a person, the relation between
the number of arrests and of conducted searches, as well as an overview of a Croatian police and judicial
practice regarding this issue.
The aim of this article is to afrm the possibility of the implementation of the search of a person without
a search warrant and to raise the level of police ofcers awareness of this evidentiary action, which
is usually conducted at the beginning of an open proceeding against the defendant and signifcantly
contributes to the evidentiary value of criminal procedure, credibility of police conduct and the protection
of general security of all participants in the proceedings.
Keywords
search, search of a person without a warrant, compulsory appearance, arrest.
Hrčak ID:
272255
URI
Publication date:
3.3.2022.
Visits: 1.699 *