POSEBNE DOKAZNE RADNJE SA POSEBNIM FOKUSOM NA TAJNI NADZOR KOMUNIKACIJA
SPECIAL INVESTIGATIVE MEASURES WITH SPECIAL FOCUS ON SECRET SURVEILLANCE OF COMMUNICATIONS

Summary/Abstract: Special investigative measures considerably increase the level of effectiveness of prosecution, but at the same time carry with them the danger of endangering the interests of human rights protection, which is just as important as the effective suppression of criminal offenses. Even in the case of the most serious crimes, these two interests must not be opposed to each other, but they must also be coordinated, so that a balance is established between them and that the realization of one does not go to the detriment of the other. The conditions for the application of special investigative measures are fairly liberal and therefore potentially dangerous for individual human rights and freedoms. Sufficient grounds for suspicion that a certain person has committed a certain criminal offense and an assessment by the prosecution authorities that "otherwise can not collect evidence for prosecution or that their collection would be significantly more difficult". And even more dangerous, these actions, the truth can also be done extensively towards a person for whom there is only a basis of suspicion that he is preparing a certain criminal offense, and the circumstances of the case (again by a free and uncontrolled assessment of the prosecution authorities) indicate that this preparation is otherwise could not, discover, prevent or prove it, or would cause disproportionate difficulties or great danger "(Article 161, paragraph 2).

• Details
• Contents