CRIMINAL INSTRUMENTS IN THE EFFECTIVENESS OF THE STATE RESPONSE TO CRIME (STANDARDS AND PRACTICE)

Abstract

In the paper are explained the basic specifics of the criminal law reaction to crime, both from the point of view of analysing the dominant characteristics of the prevailing normative environment of control and suppression of crime, and considering the practice of procedural bodies within the sources of law created normative environment. The criminal law reaction is analysed in the context of considering the essential connection between criminal substantive law, is criminal law "statics" and criminal procedural law, as a kind of criminal law "dynamics", pointing to the dominant protective function, both criminal substantive law and functional and criminal procedural law, with the basic normative support contained in the relevant constitutional norms.

Special attention is focused on the analysis of certain key provisions of the Code of Criminal Procedure, both in the de lege lata sense and in the de lege ferenda sense. The author notes that the current Code of Criminal Procedure is full of legal-technical and other mistakes, some of which are conceptual in nature, and whose correction would create conditions for more adequate and successful operation of judicial practice and the practice of bodies and officials of criminal procedure.

The practice of criminal procedure bodies is specially analysed in the article, not only from the point of view of application of appropriate sources of law by the court and other procedural subjects, but also in the context of pointing out relevant and close connection between criminal procedural law and criminalistics. That criminalistics practice is of great importance for the application of law, and above all, criminal procedural law. The importance of effective criminal activity in the context of acting in accordance with the formal requirements arising from criminal procedure norms, is especially illustrated and explained by a review of the concept and basic structure of criminalistics, as well as its history. That is necessarily related to general social history, relevant social epochs, as well as with the history of criminal procedural law, especially in the sphere of basic evidentiary rules from which necessarily arises the dominant character of criminal procedure