Current legal and criminalistics possibilities in eyewitness identification procedure: A comparative analysis of German and Serbian standards

The topic of the paper is comparative scientific research analyzing the possibilities in eyewitness identification procedures in the Federal Republic of Germany and Republic of Serbia, because of the fact that identification is one of the proving actions used in both states. In this paper, what will be considered is the advantages and disadvantages of identification procedures in these states, in order to propose an optimal procedure that would be equally objective and effective both for the witnesses and the suspect. Beside similarities in the implementation of the identification procedure in both states, there are some differences that are essentially based on normative rules, which regulate whether the police have the original authority to carry out this action or whether the authorization of a public prosecutor is required. Also, there are differences in forming the identification lineup and photo array, especially in terms of the number of people or photographs that should be presented to the eyewitness along with the suspect. The scientific justification of this paper is reflected in the fact that eyewitness identification requires clear standards for implementation, so there is a need to create adequate preconditions for using this proving action in criminal proceedings, especially in cases where there is a lack of material evidence.