Scientific paper ID 1741 : 2019/1

The entire alteration of the character of the modern social relations eventuate of the replacement of totalitarianism with new democratic conditions, which new demands necessitate of the rights and freedom of the citizens. To realize this standard, the criteria to the activity of the judicial power had to be inflated, associated with the high levels of moral and professionalism, pre judicial as the judicial phase of the legal procedure.

The pre judicial production as an important part of the trial does not make an exception, with it’s disadvantages and imperfections, arised of inadequate legislative changes and unmotivated from objectivity personnel resources. These factors appear very often as a purpose for overexpose of facts and circumstances, important for proving the truth, respectively for proving the guilt or its absence.

Side by side with great number of raising problematic fields in pre judicial phase there should be subjoined the witnesses too.

Disregarded of the variety of understandings and formulations of expediency of used witnesses in the judicial process, imposed by the influence of the legal ties, constructed for regulation of non actual public relations. The professional examination, rationality, the effectiveness and objectivity of the investigation activity are the factors, which give a reason to express a specific position.

In this direction of the penal procedure code, in first there is an impression of construction multiple possibilities and objectiveness when collecting proves, the rummage, confiscation, the evidence experiment and identification of individuals and objects with the help of witnesses.

In conclusion, it is considered that the use of witnesses is more or less delusive guarantee of objectiveness, which has disputable authority, to a great extent this gives conditions to discredit and weaken the objectivity and truth f the judicial inquiry in pre judicial phase.

This is the reason for realization of legislative changes to remove witnesses in the penal process and create precondition for increase of the trust and responsibility of investigating authorities , when procedural actions take place.