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...
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Format: | Article |
Language: | English |
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University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
2020-12-01
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Series: | Pravo |
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Online Access: | https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/555 |
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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 |
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