Autori: Aleksandar BOŠKOVIĆ, Zoran PAVLOVIĆ
Publicat în: Journal Of Eastern European Criminal Law no. 1/2015
Revistă disponibilă: aici.
Abstract: The effectiveness of preventing and combating organized crime, as well as the efficiency of criminal procedure, depends on many objective and subjective factors, but it is certain that their performance is much influenced by the previous criminal proceedings. In previous criminal proceedings authorized criminal procedural subjects, the public prosecutor and the police above all, take the law provided actions aimed at detecting and proving criminal offenses. However, the traditional evidence collection are not effective when it comes to combating organized crime, so that is why it is necessary for state to use modern technological and scientific advances to adequately confront it. So, the subject of this study are special evidentiary actions in the Republic of Serbia, which may be applicable in certain cases, above all, when it comes to organized crime offenses. So, we will first give a brief overview of the concept of organized crime, both in international and in national legal framework of the Republic of Serbia, and then we will analyze the special evidentiary action by the Code of Criminal Procedure of the Republic of Serbia: Secret surveillance of communications, secretly monitoring and recording, simulated activities, computer data search, controlled delivery and the undercover agent. Special attention will be paid to the issue of the distribution of responsibilities in terms of who can do a particular special evidentiary action, analysis of legal standards and conditions for their determination, with special emphasis on their probative value in the criminal proceedings.
Keywords: special evidentiary actions; organized crime; the Code of Criminal Procedure; the public prosecutor; the court; the police.
