HUMAN RIGHTS IN CRIMINAL AND FINANCIAL INVESTIGATION

Abstract

The process of criminal and financial investigation is a complex process that explores the complicated criminal situation where criminals who commit crimes illegally obtain material gain which they cleverly conceal or transfer to foreign countries. In the very process of conducting the investigation, police and state police agencies that have powers have to respect the human rights from the very beginning. There is right to work and to earn legally, but the vast wealth earnings are gained through crime, namely the most general forms of the manifestations of the organized crime. The aim of the criminal investigation is to provide evidence of crimes and their perpetrators, and the goal of financial investigations is to identify the criminal returns, the provision and their confiscation. In this process it is inevitable that the police and state police agencies that have powers uphold the legal rights of the citizens and their property rights. The burden of proof of property rights, or the legality of the obtaining the property and money is on the suspects to prove in the course of the legal procedure the origin of the property, and in case of lack of evidence, property and money are confiscated by a final court judgment. In the process of researching and providing evidence, police take more measures which affect the right to privacy, freedom of movement and so on. But it should always be born in mind that these measures should be carried out based on the principles of legality, proportionality and subsidiarity.