The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies Cover Image

The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies

Author(s): Jelena Matijašević-Obradović, Sara Zarubica
Subject(s): Criminal Law
Published by: Pravni fakultet za privredu i pravosuđe u Novom Sadu
Keywords: Special Evidentiary Procedures; the Criminal Procedure Code; the Security Information Agency; the Military Security Agency; the Military Intelligence Agency;

Summary/Abstract: The modern society is facing an increasingly dangerous and serious manifestation of criminal activity, that utilizes the most modern technical achievements, especially in the field of communications. That is why the modern states resort to employing new procedural forms of gathering evidence at the cost of a certain infringement on the right to privacy and other human rights. The Criminal Procedure Code establishes six special evidentiary procedures. The most complex issue in special evidentiary procedures is the question of when their usage is justified, in other words, the type of criminal activity to which they can be applied, and the conditions under which they can be used. In addition to the special evidentiary actions established in the Criminal Procedure Code, the security agencies are, within their competences, authorized to secretly collect data by applying preventive and security measures provided by special laws (lex specialis). Having that in mind, this paper will deal with the questions concerning the types and conditions of the usage of special evidentiary procedures, as well as the types and conditions of the application of preventive and security measures in Republic of Serbia.

  • Issue Year: 37/2020
  • Issue No: 4
  • Page Range: 26-41
  • Page Count: 16
  • Language: English