ПРИМЕНА СРЕДСТАВА ЗА ПРИСЛУШКИВАЊЕ И TA ЈНО ОСМАТРАЊЕ У КРИВИЧНОМ ПОСТУПКУ
APPLYING EAVESDROPPING AND SECRET OBSERVATION DEVICES IN CRIMINAL PROCEEDINGS

Summary/Abstract: Applying contemporary devices for audio and visual observation and recording in the criminal proceedings may be considered from various aspects. Since the application of techical devices in recording procedural acts in the preliminary proceedings and at the trial itself raise no great legal problems, this article is primarily dedicated to the analysis of the situation in the pretrial proceedings. Important for assessing the adequacy of specific legal instruments to provede complete protection of citizens against any violation of their privacy are the provisions of the law of procedure and those covering the activities of the interior affairs the implementation of eavesdropping and secret observation devices, and using such information as evidence in the criminal proceedings. The state of affairs in the above respect is not satisfactory as it should be, and there still are no adequate prerequisites necessary for establishing a regime of total legal security. Namely, although newest amendments to the Las on Criminal Procedure include just provisions concerning the application of some instruments apt to effect supervision and technical recording of telephone and other kind of conversation, the sphere of secret application of devices for visual observation, photographic and video recording has remained unregulated by law. In addition, the existing system of out - of - procedure authorities and powers is not adequate, since it enables the interior affairs agencies to decide in an independent way on whether the interest of discovering a criminal offence and obtaining the relevant evidence justifies the infringement into the private sphere of the citizen by applying the above mentioned devices.

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