Autor: Velimir RAKOČEVIĆ, Zoran PAVLOVIĆ, Aleksandar R. IVANOVIĆ

Publicat în: Journal Of Eastern European Criminal Law no. 1/2017

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Abstract: The purpose of this work is to articulate a set of interlinked research propositions about knowledge management systems in relation to so-called proactive criminalistics investigations in the field of prevention and combating against serious sort of crime such as organized crime and terrorism. Moreover, this paper addresses missing links in literature between “know-what“ and „know-how“ in relationships between knowledge management systems and proactive criminalistics investigations, with special attention to use of information and technology to effectively create, apply, and communicate knowledge in organizations such as the criminalistics police of Republic of Montenegro. In this purpose authors point on organizational use and management of information and technology in proactive criminalistics investigations of organized crime and terrorism by finding that link between knowledge driven framework for fight against this sort of crime, and application of information and technology (specifically Digital Forensics knowledge), represents application of special investigative measure interception, collection and recording of computer data. In relation with this, authors first describing nature of so-called proactive criminalistics investigation, by comparing it with reactive criminalistics investigation, also apostrophize the importance of implementation of proactive approach in police work by pointing out the benefits that they generate in the fight against severe sort of crime, and giving basic models and guidelines for it realizations in case of terrorism and organized crime. After that, authors emphasize the link between knowledge management and proactive criminal investigations, first by analyzing the type of knowledge on which proactive criminalistics investigation should be based on, and then associated use of modern information technology with the scope of effective realization of proactive criminalistics investigations in the case of organized crime and terrorism. As a key link between these two segments authors see application of special investigative measure interception, collection and recording of computer data. Because of that in the second part of the paper, authors analyzed provisions of application of this special investigative measure under the legislation of the Republic of Montenegro. At the end paper concludes with a discussion of various policy recommendations for future research. This article is based on the application of current practical work of the police, judiciary and prosecution of the Republic of Montenegro through context positivist and deductive paradigm. Propositional methodology in this paper is used to hypothesize about the two interlinked domains of research interest – knowledge management and proactive criminalistics investigations of organized crime and terrorism. The task in this paper is to conceive of and begin to map out an initial set of research propositions that relate knowledge management systems to the proactive criminalistics investigations of organized crime and terrorism selected for their research potential within the larger domain of fight against these types of crime in general. Such a propositional methodology is an inductive–deductive exercise of hypothesis building based on distinct sources of empirical evidence drawn from the two key domains of interest for this paper which are examined below. The first domain is that of proactive criminalistics investigation, with a particular emphasis on knowledge conceptualized as intelligence knowledge as our focal research interest, and the second domain is knowledge management, with a specific focus on the digital forensic in use by police to gathering investigative (intelligence) knowledge in purpose to prevent materialization of criminal intent (committing of criminal offence) an obtaining evidence for punishment perpetrators for preparatory actions regard to criminal offence.

Keywords: knowledge management; digital forensics; prevention; special investigative measures; interception; collection and recording of computer data; human rights.