PRIKRIVENI ISTRAŽITELJ U KRIVIČNOM POSTUPKU BOSNE I HERCEGOVINE - PRAVNA PRIRODA, OTKRIVAČKI I DOKAZNI ASPEKT
UNDERGROUND INVESTIGATOR IN THE CRIMINAL PROCEEDINGS OF BOSNIA AND HERZEGOVINA - LEGAL NATURE, DISCOVERY AND EVIDENCE ASPECT

Summary/Abstract: The use of undercover investigators and the use of informants as a special investigative action in the criminal procedure of Bosnia and Herzegovina by its nature and manner of practical operationalization at the executive level is the most complex way or form of detecting and proving crimes. This specific special investigative action represents a proportionate and adequate response in combating crime, especially when it comes to specific forms of organized crime. The legislator has prescribed restrictive legal conditions for the application of special investigative actions that must be met in every criminal case or investigation. Also, in this paper, in addition to the legal nature and legal conditions for the application of this issue of the limit of legal action, attention is focused on the practical aspect of operationalization of this special investigation with special reference to certain dilemmas, problems and challenges of a practical nature of lawful action. Accordingly, the use of undercover investigators in detecting and proving crimes rightly deserves the special interest of the scientific, professional and general public, given the nature and other specifics of this "special" investigation, including the protection of fundamental human rights and freedoms.

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