Special Measures for Covert Data Collection in Criminal Proceedings: The Judicial Perspective

In the first part of this bipartite analysis, Goran Ilić approaches special evidentiary actions in the context of the Criminal Procedure Code, as well as outlining the specific nature of individual actions such as covert interception of communications, covert surveillance and recording, and simulated (business) deals. On one hand, the author concludes that the implementation of special evidentiary measures did not result in any breaches of law. On the other hand, Ilić does point out that the Serbian judicial practice does not enable reliable conclusions on the extent to which the implementation of special evidentiary actions is in accordance with the provisions of Article 8 of the European Convention on Human Rights.

Basing her analysis on the experiences of public prosecutors, Marina Matić Bošković discusses the application of special measures for covert data collection with the goal of finding out to what extent there is abuse or arbitrariness in the implementation of the aforementioned measures. The data presented in this text emphasizes the importance of the role of courts as oversight bodies in admitting or rejecting evidence. In the end, the author deals with additional challenges for the application and supervision of measures.

Publication of this handbook was kindly supported by The Royal Norwegian Embassy in Belgrade, in the framework of the project “Who Controls the Wire: Towards the Effective External Oversight of the Use of Special Investigative Measures”. The opinions expressed in the publication are solely those of the authors and do not necessarily reflect the positions of the Norwegian Ministry of Foreign Affairs.