Summary

(translated by M.-E. Ilja)
This article is an introduction to the issues concerning the criminal procedure reform. In accordance with the currently effective code of criminal procedure, the criminal procedure will commence with the ordinance to start the criminal proceedings. According to this principle the criminal procedure as provided by the Code should be allowed only after the criminal proceedings have been started, i.e. after the respective ordinance has been drawn up. But in this respect the currently effective Code is contrary to the above-mentioned principle:
1. § 149(2) allows examination of the scene of the crime before the criminal proceedings have been started;
2. § 48(2) which became effective in March 1995 extended the possibility to gather evidence before the criminal proceedings have been started;
3. in accordance with § 93(1), examination by experts may be initiated or conducted before the criminal proceedings have been started.
When drafting the new code of criminal procedure such inconsistency or “lack of principles” is to be avoided. To confirm this, the author has included an excerpt of the draft code which provides for the commencement, refusal and termination of procedure.