This study provides a comparative analysis of preliminary proceedings within the criminal justice systems of the Republic of Serbia, Germany, and Italy. Preliminary proceedings, as the initial phase in the criminal process, play a crucial role in ensuring fair trials and the proper administration of justice. By examining the legal frameworks, procedural practices, and roles of key actors in each jurisdiction, this research highlights the similarities and differences in how these countries approach the preliminary stage of criminal cases. The study reveals that while all three systems share common objectives—such as safeguarding the rights of the accused and ensuring thorough investigations—there are significant variations in procedural mechanisms, the involvement of judicial authorities, and the rights afforded to defendants. These differences reflect the distinct legal traditions and cultural contexts of each country. The findings of this study contribute to a deeper understanding of European criminal procedure and offer insights for potential harmonization efforts within the European Union.

Comparative Law, Preliminary Proceedings, Criminal Justice, Serbia, Germany, Italy, European Legal Systems, Criminal Procedure, Judicial Authority, Legal Harmonization

Bradley, C. M. (2013). Criminal Procedure: A Worldwide Study. Carolina Academic Press.

Damaska, M. (1986). The Faces of Justice and State Authority: A Comparative Approach to the Legal Process. Yale University Press.

Jackson, J. D., & Summers, S. J. (2012). The Internationalisation of Criminal Evidence: Beyond the Common Law and Civil Law Traditions. Cambridge University Press.

Merryman, J. H., & Pérez-Perdomo, R. (2007). The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America (3rd ed.). Stanford University Press.

Van den Wyngaert, C. (1993). Criminal Procedure Systems in the European Community. Butterworths.

Ambos, K. (2010). The German Preliminary Procedure in Criminal Cases: A Critical Overview. Criminal Law Forum, 21(4), 525-549.

Gane, C., & Mackarel, C. (1996). The Adversarial Principle and the ECHR: A Case Study. International and Comparative Law Quarterly, 45(4), 943-951.

Mitsilegas, V. (2016). The Transformation of Criminal Procedure in Europe and the Rise of Preventive Justice. European Law Review, 41(3), 403-421.

Council of Europe. (2018). Guide on Article 6 of the European Convention on Human Rights: Right to a Fair Trial (Criminal Limb). Strasbourg: Council of Europe Publishing.

European Union Agency for Fundamental Rights. (2016). Rights of Suspects and Accused Persons Across the EU: Translation, Interpretation, and Information. Luxembourg: Publications Office of the European Union.