This thesis deals with the issue of transferring the investigative function to the police and the public prosecutor in relation to the existing criminal procedure of the Slovenian legal order. The thesis argues both positive and negative aspects of transferring and the possibility of transferring the investigative function in relation to the existing criminal procedure. Consequently, it also argues the question of whether cancelling the function of an investigating judge would result in an even greater inequality of arms between parties, as this would mean even greater dominance and superiority on the part of the public prosecutor, which would be inappropriate. In the first part, the thesis describes the transition from inquisitorial to adversarial criminal procedure and analyses the development of the Slovenian criminal procedure law. In the second part, the preliminary procedure is presented in more detail. As a part of the preliminary procedure, the thesis further describes investigation as the distinctive institute of the inquisitorial procedure, which has been taken on by all mixed criminal proceedings. In relation to this, the thesis also presents the Croatian system of the preliminary criminal procedure and compares it to the Slovenian system. Furthermore, this thesis also describes the role of the main actors of the criminal procedure – the police, the public prosecutor and the investigating judge.
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