Relationship between principle in dubio pro reo and principle of continuity of evidence according to the current Criminal procedure code of the Republic of Serbia

• Main Authors: Ivanović Aleksandar R., Munižaba Branko
• Format: Article
• Language: English
• Published: Bar Association of Vojvodina, Novi Sad 2017-01-01
• Series: Glasnik Advokatske komore Vojvodine
• Subjects: in dubio pro reo; presumption of innocence; evidence; proving; continuity of evidence
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2017/0017-09331701017I.pdf

This paper discusses and analyses the principle in dubio pro reo as one of the fundamental principles of the current criminal procedural law, in accordance with the regulations of criminal procedural legislation of the Republic of Serbia. In connection with this, the authors first explain the occurrence of this principle in legal theory and its essential elements, and then put in the relationship this principle and way and legality of obtaining the evidence and quality of evidence obtained in the phase of investigation. Special attention is devoted to the lack of processing capabilities to allocate from the file the record of investigation measures in the investigation of the facts that have not received character of evidence because they had remained in doubt, because they were not collected in the manner and in accordance with the law and professional standards, and therefore do not possess the quality of evidence required for indictment.