The Concept, Types and Legal Conditions for the Use of Special Investigations in the Criminal Procedure of Bosnia and Herzegovina with Regard to Human Rights Cover Image

Pojam, vrste i zakonski uslovi za primjenu posebnih istražnih radnji u krivičnoprocesnom sistemu Bosne i Hercegovine s osvrtom na ljudska prava
The Concept, Types and Legal Conditions for the Use of Special Investigations in the Criminal Procedure of Bosnia and Herzegovina with Regard to Human Rights

Author(s): Almir Jarić
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Politics and law, Criminology, Corruption - Transparency - Anti-Corruption
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Organized crime; emergency laws; criminal proceedings; Human rights; private law;

Summary/Abstract: Corruption and the serious consequences of organized and modern crime have "required" states to foresee, within their legislation, the application of emergency laws in order to deal more effectively with the most serious types of criminal offenses. Emergency laws are a relatively new but, in terms of "classic" investigative methods, a much more efficient method that the state uses to combat organized and other types of modern crime. Although its use makes it easier to combat the most serious types of deliquent behavior, it extends into people's fundamental rights and freedoms, with private law in particular being "affected". For this reason, implementation must be governed by strict criminal and statutory provisions. The paper deals with the notion, the types and the legal conditions required for the application of emergency legislation in the criminal law system of Bosnia and Herzegovina with regard to the rights of the human being, with an emphasis on private law, as laid down in the Constitution of Bosnia and Herzegovina, as well as other international documents.

  • Issue Year: 10/2017
  • Issue No: 20
  • Page Range: 239-275
  • Page Count: 37
  • Language: Bosnian