ЕЛЕКТРОНСКИ ДОКАЗ И ДОКАЗИВАЊЕ ВИСОКОТЕХНОЛОШКОГ КРИМИНАЛА
ELECTRONIC EVIDENCE AND PROOF OF HIGH-TECH CRIME

Summary/Abstract: In analyzing the legal provisions used in detecting and proving hightech crime, under the applicable criminal procedural law, we have identified some ambiguities of the legislator, which must be avoided, in order to prevent the competent authorities from acting arbitrarily in conducting evidentiary actions. For example, the legislator does not indulge in defining records of searching computers and similar devices, which opens the door to the existence of different decisions in assessing whether (not) to make a computer search record, which is contrary to the standard of legal certainty and equality. Whether the search of computers and similar devices when they are not only a tool of committing high-tech crime, but also the place of committing high-tech crime, means it is an insight into computers and similar devices. Does it exist similarity between search of computers and similar devices and insight in proving high-tech crime will certainly require special legal analysis in a future work. The following criminal offenses may be broadly regarded as high-tech criminal offenses under our Criminal Code: unauthorized use of personal information by entering another’s secure database, sexual exploitation or abuse of children using a computer network or other means of communication, violation of a child’s privacy through a computer system or networks, public provocation and incitement to hatred or violence through a computer system or networks is also criminalized as a criminal offense of making, selling or leveraging funds or instructions intended for entry into a computer system. While crimes against the security of computer data and networks can be considered high-tech crime in the narrow sense, because it is an illegal act aimed at the security of computer systems and networks. These are crimes whose unlawful conduct is related to or in relation to a computer system or network, including the illegal possession, offering and distribution of information through computer systems and networks. Although the level of punishment in the application of special investigative actions is not essential, but it is a legal requirement. One of the conclusions is that there is hardly place for for special investigative action to be taken to prove high-tech crime. For most offenses that have the characteristics of high-tech crime, one of the material conditions regarding the atence of five years in prison. A fundamental requirement in the implementation of special investigative actions is the inability to collect evidence in any other way. Special investigations should be observed as evidence of necessary defense that justifies the interference with the suspect’s private and family life in order to obtain evidence of a life-threatening crime, human health, and state security. A fundamental flaw in the legal system of both Republika Srpska and Bosnia and Herzegovina is the lack of a separate law dealing with high-tech crime. Finally, we would conclude as a proposal de lege ferenda that it would be desirable to regulate the problem of high-tech crime prevention by a separate law, because it is questionable how valid the law on criminal procedure is in the service of prevention against the often “invisible”, “hard to touch” crime without borders.

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