| Abstract [eng] |
Contemporary Constitution has been changing from its textual version into the version produced by the Constitutional Court. All national legal system has been dividing into two separate levels where the ordinary law must be deduced from the constitutional law. The Constitution as the text and the Constitution as interpreted by the Constitutional Court are the forms of law of the constitutional law. However, contemporary doctrine of the criminal procedure law suggests that state agents should act only according to the textual version of the Constitution in criminal procedure because the only form of the criminal procedure law is the statutory law. This paper argues that legal decisions made by the Constitutional Court, in which the Constitutional Court interprets the Constitution and the criminal procedure legal norms and principles, should be accepted as binding forms of law of the criminal procedure law. |
