CRIMINAL PROCEDURAL AND CRIMINALISTIC ASPECTS OF THE INTERROGATION OF THE ACCUSED IN CRIMINAL PROCEEDINGS IN THE REPUBLIC OF SERBIA

Abstract

Process of proving a fact is a complex and diverse procedural activity of parties to criminal proceedings and the criminal court in order to establish legally relevant and other facts in criminal proceedings. The provisions of the Criminal Procedure Code of the Republic of Serbia regulate evidentiary proceedings. One of the most important evidentiary activity is the hearing of the accused. The purpose of the hearing of the accused is twofold, namely to present to the accused what he is accused of, for which criminal act he is accused of, and to give him the opportunity to defend himself through the hearing. In this way, the defendant becomes familiar with the evidence that exists against him. The subject of this paper is the criminalistic and criminal procedural aspects of the hearing of the accused, which are very closely related. The application of criminalistic rules is inextricably linked to the legal provisions governing the criminal procedure and provides a significant guideline in order to obtain the best possible testimony. A successful hearing of the defendant should result in obtaining a statement that is legal and complete. The complexity and importance of the selected topic of this paper also requires the application of a certain methodology. The basic methods that will be applied for the needs of this paper are the normative method, the method of qualitative content analysis, the descriptive method, as well as the method of data analysis and interpretation, with consultation and consideration of different views of distinguished authors.