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

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...

Full description

Bibliographic Details
Main Authors: Jelena Matijašević, Sara Zarubica
Format: Article
Language:English
Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2020-12-01
Series:Pravo
Subjects:
Online Access:https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/555
_version_ 1818913684952449024
author Jelena Matijašević
Sara Zarubica
author_facet Jelena Matijašević
Sara Zarubica
author_sort Jelena Matijašević
collection DOAJ
description 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.
first_indexed 2024-12-19T23:34:25Z
format Article
id doaj.art-6edb762257e74055ac6f5c3b40b3617d
institution Directory Open Access Journal
issn 0352-3713
2683-5711
language English
last_indexed 2024-12-19T23:34:25Z
publishDate 2020-12-01
publisher University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
record_format Article
series Pravo
spelling doaj.art-6edb762257e74055ac6f5c3b40b3617d2022-12-21T20:01:39ZengUniversity Business Academy in Novi Sad Faculty of Law for Commerce and JudiciaryPravo0352-37132683-57112020-12-0137410.5937/ptp2004026MThe types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agenciesJelena Matijašević 0Sara Zarubica 1The Faculty of Law for Commerce and Judiciary in Novi Sad, SerbiaPhD candidate at the Faculty of Law, The University of Belgrade, SerbiaThe 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.https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/555Special Evidentiary Proceduresthe Criminal Procedure Codethe Security Information Agencythe Military Security Agencythe Military Intelligence Agency
spellingShingle Jelena Matijašević
Sara Zarubica
The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
Pravo
Special Evidentiary Procedures
the Criminal Procedure Code
the Security Information Agency
the Military Security Agency
the Military Intelligence Agency
title The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
title_full The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
title_fullStr The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
title_full_unstemmed The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
title_short The types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
title_sort types and conditions of the application of special evidentiary procedures and preventive security measures employed by security agencies
topic Special Evidentiary Procedures
the Criminal Procedure Code
the Security Information Agency
the Military Security Agency
the Military Intelligence Agency
url https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/555
work_keys_str_mv AT jelenamatijasevic thetypesandconditionsoftheapplicationofspecialevidentiaryproceduresandpreventivesecuritymeasuresemployedbysecurityagencies
AT sarazarubica thetypesandconditionsoftheapplicationofspecialevidentiaryproceduresandpreventivesecuritymeasuresemployedbysecurityagencies
AT jelenamatijasevic typesandconditionsoftheapplicationofspecialevidentiaryproceduresandpreventivesecuritymeasuresemployedbysecurityagencies
AT sarazarubica typesandconditionsoftheapplicationofspecialevidentiaryproceduresandpreventivesecuritymeasuresemployedbysecurityagencies