Summary

The article discusses the options that can be used to identify the facts of a case in judicial investigation in criminal procedure and whether the options provided by law are sufficiently directed towards proving of actual factual circumstances. The role of the court in gathering and investigating evidence, permissibility of leading questions during interrogation, re-interrogation of a witness during judicial investigation, statements of witnesses in the record of presentation for identification and their use in judicial investigation, problems affecting the quality of presentation for identification in pre-trial procedure, and possible quality of proof of the statements of witnesses deposited in pre-trial procedure are explored in the article.

The author believes that in certain cases, the court’s initiative to impose gathering of evidence may be necessary in order to establish the truth. Obviously, the justifiability of providing for a broad use of leading questions is very disputable. Re-interrogation of a witness already interrogated during judicial investigation may be justifiable only to prove new evidence. The question of the quality of the presentation for identification in pre-trial procedure and of the reliability of the statements given by witnesses during presentation for identification should be an object of discussion in judicial investigation. Statements deposited in pre-trial process may be submitted in judicial investigation; however, the circumstances affecting the quality of proof of such statements must be taken into account.