RIGHT TO PRIVACY AND SPECIAL INVESTIGATIVE ACTIONS
| Autor: | MİTROVİĆ, Ljubinko, PAVLOVİC, Gojko |
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| Jazyk: | angličtina |
| Rok vydání: | 2019 |
| Předmět: | |
| Zdroj: | Issue: 1 97-118 Türkiye İnsan Hakları ve Eşitlik Kurumu Akademik Dergisi |
| ISSN: | 2667-4599 |
| Popis: | Special investigative measures (or specialinvestigative techniques or covert investigative measures) are special and specializedmethods based on the use of certain techniques, and special resources, actionsand measures in practice, which have a significant operational dimension. Theseare special actions aimed at obtaining evidence distinguished from standard orusual actions of obtaining evidence or standard manner of collecting evidence.Special investigative actions constitute the investigation activities (ultima ratio) scrutinizing serious criminaloffences in cases when evidence cannot be obtained in any other way or theircollection would entail the unproportional difficulties. Specialinvestigative actions are a novelty in this region introduced in criminalprocedure legislation of Bosnia and Herzegovina in 2003 through provisionswhich are more or less in force in the same wording as they were firstlydefined. Special investigative actions are:a) surveillance and technicalrecording of telecommunications;b) access to the computer systemsand computerized data processing; c) surveillance and technicalrecording of premises; d) covert tracking and technicalrecording of individuals and objects;e) use of undercover investigatorsand informants; f) simulated purchase of certainobjects and simulated bribery; g) supervised transport anddelivery of objects. Thedebate among experts on special investigative actions, their effects and theirimplementation, possible breach of basic human rights and freedoms is as old asthe special investigative actions themselves. According to those who speak infavor of their use, they have met the expectations of their creators, and thewider public alike, when it comes to the results achieved in finding andcollecting evidence of the most serious crimes. On the other hand, notsufficiently researched is their use from the point of view of thehighest-ranked national and international legal instruments in terms of theprotection of the right to respect the private and family life, especially inpractice, during the implementation of these actions. One can raise a question whether theseactions, in their current form, are able to withstand control and criticism ofthe contemporaries? |
| Databáze: | OpenAIRE |
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