20
be legalized (obtaining the supervision of the prosecutor). Accordingly, both the police and the prosecutor
agree that the operational part of investigation should be dealt with by the authorities, while the other part of
investigation should be dealt with by the prosecutor (Simonović, Šikman, 2009). Of course, during the entire
investigation there should be a prosecutorial oversight of the investigation so that the evidence collected
during the investigation would be valid. Hence, the importance of criminalistics in detecting and proving
(investigation) criminal offenses is big, and the need for the use of criminological knowledge and skills
absolute.
Aside from this, criminological doctrine on fixation of probative information is more emphasized in a
“clear and simple” question in the current prosecutorial investigation in the Republic of Srpska and BiH. It is
the question of reasonable suspicion (Šikman, 2012). Namely, investigation procedures show that reasonable
suspicion is an important link, because there would be no investigation without reasonable suspicion
35
.
Detection of criminal offenses and perpetrators
36
is a dynamic process, which depends on getting deeper into
the unknown and it usually starts with obtaining initial reasonable suspicion about a criminal offense and its
perpetrator
37
. Reasonable suspicion is the result of movement of the subjects of criminal proceedings (first
and foremost the prosecutor, as well as the police officers in a broader sense) from its object (criminal
matter) to the suspect (Vodinelić, 1985: 78). Reasonable suspicion is firstly related to the problem of
establishing the presence of a criminal offense in general and secondly to the detection of the perpetrator and
establishing his guilt. It follows that facts are determined with a lower degree of probability, which through
further investigation and undertaking proving actions (including special investigations) should turn into a
higher degree of probability (reasonable doubt), and then into certainty through further criminal proceedings.
In that context, we will use the logics of divalent value of attitudes
38
(Vodinelić, 1985: 87-88). Accordingly,
the progression of number and quality of indicating facts (including material and personal evidence) is
followed by the degree of probability
39
. So, the system of evidence (indication, material and personal) in
concrete criminal matter should be of such quality so it excludes the possibility of any other interpretation of
the established facts.
Reasonable suspicion is one of the basic problems in the practical activity of the current prosecutorial
investigation in the Republic of Srpska and BiH. From the point of view of practical relation between the
35
Therefore, reasonable suspicion for committing a criminal offense is sufficient to initiate an investigation. In order to reach this
level of suspicion, law enforcement officers deploy specific operational actions within their regular duties and responsibilities or in
some other way (other sources of information about the criminal offense and the perpetrator). The legislator stipulates that the first
task of the law enforcement officer, after the realization that a criminal offense has been committed and the prosecutor has been
informed, is to take the necessary measure to find the perpetrator.
36
Professor Vladimir Vodinelić did a study that deals with the terms “detection” and “clarification” of criminal offenses, based on
the fact that the two concepts are fundamental criminological terms which are not clearly defined in the world and domestic
criminological science.
37
It is a heuristic activity, which is based on the knowledge of a criminal event, with a small and insufficient number of reliable, still
unconfirmed and manifold operational information regarding the criminal offense and the perpetrator (criminal offenses with known
perpetrators). In that context, the indication method represents a necessary methodical approach of knowledge, which is important for
further criminal proceeding. Furthermore, methodical approach with reasonable suspicion leads to a heuristic procedure in different
directions
at the same time, i.e. planning and checking criminological versions.
38
Namely, the factual state is as follows, as is in the real world – a criminal offense was committed (in a certain way, using specific
means, at a particular time, in a specific place, etc.) or it was not committed. The suspect is either the perpetrator or not. Accordingly,
the answers to these questions are either „yes‟ or „no‟. The probability (high or low) in this sense is not the definite valence of
knowledge. The facts (indications) that are the basis of a criminal offense vary, from true to false, they can be completed, but they
will not change reality as it is. Normally, the facts are initially established with lower probability (reasonable suspicion) which
gradually turns into higher probability (reasonable doubt). Achieving certainty is a higher principle which leads to the truth in a
concrete case. It is a special quality which can only be unequivocal, absolute, unique, but only as the result of all procedures and
thinking processes, which started as probability, from the lowest to the highest degree, and through a dialogue that turns quantity
(higher probability) into new quality: certainty (Vodinelić, 1985: 90).
39
If we showed this graphically we would see the x axis on which reasonable suspicion is the lowest value, and reasonable doubt is
the highest value, on the y axis probability is shown from 0% to 100%, which is analogous to the gradation less probable, probable,
highly probable. The curve on the graph would represent the number of indication facts (according to quantity and quality). This kind
of division gives and approximate approach of the x curve to the y axis, and the graph is concave. This is a process which, due to the
order of indication facts, deployed operational-tactical and procedural actions of proving, from
reasonable suspicion (without a
definite degree of probability), through
reasonable doubt (a higher degree of probability), to provisional system of specific quality,
turns into an entirely new system of such quantity and quality which excludes the possibility of any other form of interpretation of the
factual state, referred to as
certainty. Based on the indication facts that are the grounds for reasonable suspicion an
investigation can
be initiated until quantity and quality of indication facts (including other material and personal evidence) turn into reasonable doubt
with a high degree of probability (according to Scheme 1 over 50%) at which point a criminal proceeding is initiated (charges) which
should result with a high degree of probability and in the end complete certainty regarding the criminal offense (Šikman, 2010).