Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 3, p. 697-718
working language: Serbian
Review paper
udk:343.6:351.74]:347.963 342.7:343.4
doi:10.5937/zrpfns58-53629
Author:
Gordana Krstić
University of Belgrade
Faculty of Law in Belgrade
grkrstic@gmail.com
ORCID ID: 0009-0001-9952-4132
Summary:
The paper analyzes the actions of the public prosecution in the case of abuse and torture by police officers. In art. 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the prohibition of ill-treatment and torture is an inviolable and absolute right, and states have not only a positive obligation to implement norms on the prohibition of torture in their legislation, including a procedural obligation to implement an effective, adequate and quick investigation, but also a negative obligation to refrain from applying any form of abuse. In the domestic legal system, the investigation is carried out by the public prosecutor’s office, so this state body has the primary responsibility for collecting relevant evidence and determining the essential circumstances of a specific factual situation when there are grounds for suspecting that police officers have violated their physical and psychological duties in the performance of their duties. the integrity of another person. After the indictment is submitted, the public prosecution has the burden of proving the accusation, and is extremely important for the fair outcome of the proceedings and the active action of the public prosecution at the main trial. These are specific cases due to the category of defendants, the type of threat or violation of protected property and evidentiary material, which must be considered in a legal, systematic and proper manner.
Key words:
abuse, torture, police, public prosecutor, investigation.