Simulovani poslovi kao posebna dokazna radnja u srpskom krivičnoprocesnom pravu – zakonsko rešenje i neka sporna pitanja
Simulated Deals as a Special Evidentiary Action in the Serbian Law of Criminal Procedure – Legal Solution and Some Controversial Issues

Summary/Abstract: Starting from the covert manifestation of organized crime offenses, the subject of analysis was special evidentiary action – simulated deals. The author, firstly, deals with the terminological inappropriateness of this term which creates confusion in applying, bearing in mind that concerning simulated deals is not a matter of deals in terms of civil law. Furthermore, the conditions for carrying out the simulated deal are considered, with a review of the special basis for the exclusion of the unlawfulness of the authorized person. Particular attention has been paid to delineation between provocation and the prohibition for an authorized person to incite another to commit a criminal offense. Finally, the probative value of the testimony of an authorized person as a witness is analyzed summarily. The author concludes that there is a space for making proposals de lege ferenda with the aim of the normative adjustment of simulated deals to its ratio legis.

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