The investigation procedure is a phase of the criminal process which begins with notitia criminis. Its purpose is gathering evidence that will at the end of investigations enable the prosecutorial body to make the correct decision whether to stop the procedures or continue with the prosecution. To achieve this goal, states provide for different systems, which differ according to the position and powers of the individual subjects of the procedure. These are to some extent dependent on the type of criminal procedure that is introduced into the state's legal system. On this basis, we can recognize the model of the investigation procedure that is regulated in England, where the investigative and prosecutorial functions are completely separated and the investigations are led by the police. Furthermore we recognize the model of investigation procedure that is regulated, e.g. in Germany and Italy, where the dominus litis of the investigations is the state prosecutor, but the nature of the procedure itself is dependent on the extent to which the prosecutor can – in practice –subordinate the police. A representative of the third model is Slovenia, where the investigation procedure is divided into two stages: preliminary proceedings, which are led by the state prosecutor, and judicial investigation, where the investigating judge is responsible for the investigations. However, models of the investigation procedure are not dependent solely on the regulation of the position of the investigating and prosecuting authorities, but on the purpose of the overall assessment of the nature of the procedure, and on the position of the person against whom the investigation is being conducted, and the position of the judge.
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