Special investigative measures: Comparison of the Serbian Criminal Procedure Code with the European Court of Human Rights Standards

Abstract

This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of crime that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness of the right to privacy and the need to protect it. Having that in mind, it seems that the main question that should be answered by legislator is: Where is the borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence? The undercover investigator falls under Article 6 of the Convention and there are different rules on the admissibility of such evidence. Serbian Criminal Procedure Law on some points is in line with ECtHR standards, but some very important provisions, as well as practice, are not.

Special investigative actions in Baltic countries

“…In the well-known case Klass and Others v. Germany, the European Court of Human Rights (hereinafter: ECtHR) stressed that telephone conversations are protected by the principles of "private life" and "correspondence" as defined by Article 8. It was repeated in Malone v. The United Kingdom and countless other decisions (Turanjanin, 2022).…”

“…The national law regulates the admissibility of evidence, so, the national courts have to assess the evidence before them (Turanjanin, 2020). The ECtHR, however, must ascertain whether the proceedings as a whole, including the way in which evidence was taken, were fair (Turanjanin, 2022; see also Čvorović, 2016, pp. 43-53).…”

“…36, Bannikova v. Russia, paras. 33-65;Turanjanin, 2022).Veljko M. Turanjanin, Jelena V.Stanisavljević -SPECIAL INVESTIGATIVE ACTIONS IN BALTIC...…”