Show Less
Restricted access

The Rule of Law and the Challenges to Jurisprudence

Selected Papers Presented at the Fourth Central and Eastern European Forum for Legal, Political and Social Theorists, Celje, 23–24 March 2012

Series:

Edited By Péter Cserne, Miklós Könczöl and Marta Soniewicka

Over the last two decades scholars and citizens in Central and Eastern Europe had more than enough opportunity to realise that neither democracy nor the rule of law can be taken for granted. Such a realisation also means that if they want to think and speak clearly about or take a stand for their political and legal ideals, they need to reflect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument and problematising established patterns of thought. The contributors of this volume discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice, raising questions and suggesting new ideas on «The Rule of Law and the Challenges to Jurisprudence» in Central and Eastern Europe and beyond.
Show Summary Details
Restricted access

Introduction of Criminal Law Powers in Other Legal Procedures: A Convenient Bypass for Obtaining Evidence?

Extract



Sabina Zgaga

Introduction

In Slovenian law, several new types of non-criminal legal procedure against criminal conduct have been introduced recently. This paper analyses the powers Slovenian Police can exert in the procedure provided for by the State Border Control Act (SBCA). These powers are rather similar to those of the criminal procedure. Similar rules apply also to Slovenian Customs under the Custom Service Act (CSA). Conditions for the exercise of these investigative powers in border and customs procedures are less strict and can enable the police to bypass the stricter regulation of the Criminal Procedure Act (CPA). The main focus of this paper is on the question whether such powers and their regulation is contentious from the viewpoint of the Constitution of Slovenia, if such an extension of criminal law powers weakens human rights protection, and whether evidence, obtained according to SBCA or CSA can be used in criminal procedure.

You are not authenticated to view the full text of this chapter or article.

This site requires a subscription or purchase to access the full text of books or journals.

Do you have any questions? Contact us.

Or login to access all content.