22
related to the perpetrator should remain within the limits of an already made decision of the perpetrator of
the criminal offense. Therefore, if the perpetrator has already made the final decision regarding the criminal
offense and it is not wavering, and the commitment of the criminal offense is just a matter of time and place,
then there is no provocation (Verdict of the Court of Bosnia and Herzegovina, 2008)
45
. Hence, police
provocation, i.e. provocation by the undercover agent is not assumed, but the defendant must submit
evidence that show he was provoked into committing a criminal offense which he himself would not commit
otherwise. The emphasis is on the willing process which directly preceded the criminal offense and the
evaluation whether the police bodies influenced or concretized the decision of the defendant regarding the
criminal offense (Verdict of the Court of Bosnia
and Herzegovina, 2007).
5.
CURRENT STATE OF THE CRIMINOLOGICAL DOCTRINE WITH EMPHASIS ON
CRIMINALISTICS IN THE REPUBLIC OF SRPSKA
Criminalistics with its disciplines (criminalistic tactics, technique, methodology and operations),
which studies and perfects methods of detection, investigation and proving of all criminal offenses, is an
unavoidable scientific and practical discipline. New tendencies in the criminalistics domain, primarily
expansion of organized crime, but also the development of science and technology (primarily computer),
have led to the establishment of the fourth criminalistic discipline called criminalistic strategy, whose role is
crucial in combating organized crime (Simonović, 2004). Accordingly, modern
tendencies of development of
criminalistics have significantly improved and perfected criminalistics up to the point of scientific
description, generalization, scientific thinking and explanation, i.e. creation of scientifically verified methods
and means used in combating crime (Matijević, 2005). Also, it is worth mentioning that the concept
criminal
investigation has been used more lately, as well as its practical approach in the criminalistic practice
46
. The
contents of
criminal investigation, respecting different authors‟ approaches, are consistent with the contents
of our
criminalistics. In this regard, the terms
criminal investigation and
criminalistics can be used as
interchangeable synonyms for the science on detection of criminal offenses and perpetrators (criminal
investigation or criminalistics investigation) (Maver, 2009). As a result, we regard criminalistics and
criminal investigation as the same discipline, although there are some conceptual and contextual differences,
whereby the term criminalistics is widely used in science and practice in the countries of the European-
continental legal system, while the term
criminal investigation is typical of the Anglo-Saxon legal system.
Accordingly, these two disciplines are compatible in terms of content, taking into consideration different
contexts of their manifestation (implementation). Likewise, it can be said that
criminal investigation is a
practical concept which does not fall behind practice.
When it comes to the scientific criminalistics opus, its scientific field of study and specialized
scientific field, there is no widely accepted standing. Criminalistics is treated differently in the European
countries
47
. The terminology of the scientific and specialized scientific field in the
Republic of Srpska do not
cite which field and specialized scientific filed criminalistics belongs to. Criminalistics, whose study subject
is crime (detection and proving of criminal offenses and perpetrators, i.e. information-knowledge activity in
the field of proving theory) uses scientifically based knowledge, investigation and procedure with
the objects
of criminalistics knowledge which belong to the scientific fields of social sciences, natural sciences,
45
In this case, the defense claimed that the undercover agents required more goods and in greater quantity, which led to the
provocation to commit an offense. However, the Court ruled that the fact that the agents required more goods and in greater quantity
did not influence the defendant‟s decision to continue distributing counterfeit money. Given the fact that the defendant had already
made the decision to distribute
counterfeit money, it was certain that he would have continued doing the same even in greater
volume
if he had not been apprehended. Hence, the Court ruled that the agents did not use any activities which could be regarded as
provocation. (Verdict of the Court of BiH, 2008).
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It is the American concept of criminal offenses investigation, where the term
criminal investigation could be defined as a criminal
investigation or a more technical term criminalistics investigation.
Criminal investigation is defined as a sum of all scientific
systematic methods and activities adjusted to use different information and evidence for solving a criminal offense, identifying the
suspects and establishing the connection between the criminal offense and the suspect (Berg, 2008; Becker, 2005). Therefore,
criminal investigation means gathering information and evidence in order to identify, apprehend and convict the suspects (Osterburg,
Ward, 2007).
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In some countries, such as Germany, Russia, Serbia, BiH and Poland, criminalistics is regarded as a special science, which is often
related to criminal-legal science. In other countries, criminalistics is viewed as a scientific discipline formally incorporated into
criminology (Slovenia, Austria, Croatia) or a subdiscipline of police science and criminology, i.e. as a part of forensic science
(France, Italy, Great Britain) (Maver, 2011). Aside from that, in some countries (primarily Anglo-Saxon) criminalistics is linked to
court medicine and toxicology. In that sense, criminalistics is often used in court procedure methods in medicine and various natural
sciences used for identifying perpetrators and traces (Saferstein, 2007).