{"title":"证明严重盗窃罪的某些方法,特别涉及根据《刑事诉讼法》第208a条对嫌疑人的审讯","authors":"Mirjana Kondor Langer, Stjepan Gluščič","doi":"10.25234/ECLIC/9019","DOIUrl":null,"url":null,"abstract":"According to available data (statistical data, data from investigations, professional and scientific papers) property crime represents about two thirds of total crime in the Republic of Croatia. Proof of committing is very often based on personal sources of evidence and a significant number of criminal charges filed by the police with these criminal offenses are submitted to the State Attorney’s Office. This article presents the state of affairs and trends of property crime, the way of proof, and analyzes the police’s success in detecting and proving serious offenses (Article 229. of the Criminal Code). The work is based on the collected data from the police records of Aggravated Larceny crimes, with special emphasis on the suspect’s interrogation based on Article 208a of the Criminal Procedure Act and the significance of the evidence thus obtained for proving the perpetration of the criminal offense. The research was conducted with the aim of determining the effects of the recently transposed Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294) into the criminal justice system of the Republic of Croatia.","PeriodicalId":246552,"journal":{"name":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","volume":"48 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"CERTAIN WAYS OF PROVING THE CRIMINAL OFFENCE OF AGGRAVATED LARCENY, WITH SPECIAL REFERENCE TO THE SUSPECT’S INTERROGATION PURSUANT TO ARTICLE 208A OF THE CODE OF CRIMINAL PROCEDURE\",\"authors\":\"Mirjana Kondor Langer, Stjepan Gluščič\",\"doi\":\"10.25234/ECLIC/9019\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"According to available data (statistical data, data from investigations, professional and scientific papers) property crime represents about two thirds of total crime in the Republic of Croatia. Proof of committing is very often based on personal sources of evidence and a significant number of criminal charges filed by the police with these criminal offenses are submitted to the State Attorney’s Office. This article presents the state of affairs and trends of property crime, the way of proof, and analyzes the police’s success in detecting and proving serious offenses (Article 229. of the Criminal Code). The work is based on the collected data from the police records of Aggravated Larceny crimes, with special emphasis on the suspect’s interrogation based on Article 208a of the Criminal Procedure Act and the significance of the evidence thus obtained for proving the perpetration of the criminal offense. The research was conducted with the aim of determining the effects of the recently transposed Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294) into the criminal justice system of the Republic of Croatia.\",\"PeriodicalId\":246552,\"journal\":{\"name\":\"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES\",\"volume\":\"48 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.25234/ECLIC/9019\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"EU AND MEMBER STATES – LEGAL AND ECONOMIC ISSUES","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.25234/ECLIC/9019","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
根据现有数据(统计数据、调查数据、专业和科学论文),财产犯罪约占克罗地亚共和国全部犯罪的三分之二。犯罪的证据往往以个人证据来源为基础,警察就这些刑事罪行提出的大量刑事指控都提交给国家检察官办公室。本文介绍了我国财产犯罪的现状和发展趋势,论述了财产犯罪的举证方式,分析了我国公安机关侦查和举证重大犯罪的成功经验(刑法第二百二十九条)。(刑法)。本工作以收集到的严重盗窃罪警方案卷资料为基础,特别强调了根据《刑事诉讼法》第208a条对犯罪嫌疑人进行的讯问,以及由此获得的证据对证明犯罪行为的意义。进行这项研究的目的是确定欧洲议会和理事会2013年10月22日关于在刑事诉讼和欧洲逮捕令程序中接触律师权利的指令2013/48/EU最近被修改的影响。以及在被剥夺自由时向第三方通报并在被剥夺自由期间与第三方和领事当局联系的权利(OJ L 294)进入克罗地亚共和国刑事司法系统。
CERTAIN WAYS OF PROVING THE CRIMINAL OFFENCE OF AGGRAVATED LARCENY, WITH SPECIAL REFERENCE TO THE SUSPECT’S INTERROGATION PURSUANT TO ARTICLE 208A OF THE CODE OF CRIMINAL PROCEDURE
According to available data (statistical data, data from investigations, professional and scientific papers) property crime represents about two thirds of total crime in the Republic of Croatia. Proof of committing is very often based on personal sources of evidence and a significant number of criminal charges filed by the police with these criminal offenses are submitted to the State Attorney’s Office. This article presents the state of affairs and trends of property crime, the way of proof, and analyzes the police’s success in detecting and proving serious offenses (Article 229. of the Criminal Code). The work is based on the collected data from the police records of Aggravated Larceny crimes, with special emphasis on the suspect’s interrogation based on Article 208a of the Criminal Procedure Act and the significance of the evidence thus obtained for proving the perpetration of the criminal offense. The research was conducted with the aim of determining the effects of the recently transposed Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ L 294) into the criminal justice system of the Republic of Croatia.