Značaj posebnih dokaznih radnji u otkrivanju i dokazivanju koruptivnih krivičnih dela
The Importance of Specific Probational Actions in Discovering and Proving Corruptive Criminal Acts

Summary/Abstract: In this paper, the problem of corruption is analyzed, i.e. of corruptive activities coming under the attack of penal legislation. The author stresses that it is, in discovering and proving these so–called instances of black corruption, necessary, instead of the classical reactive approach, to resort to the proactive one, which involves the application of specific probational actions. Since they are techniques that infringe significantly upon the domain of basic liberties and rights, it is, by legal arrangement of this matter, inevitable to consider corresponding standards declared in international documents, supreme national legal acts and the practice of international tribunals, before all the European Court of Human Rights. Accordingly, the basic principles are presented in the paper which give support to the arrangement of specific probational actions in the Code of Criminal Procedure from 2011. These are general propositions for the implementation of specific probational actions, proceeding with the material collected b– their implementation, which also includes the so–called accidental finding, as well as about the way of registering and conserving the data and material on specific probational actions. †he author concludes that it is, for a successful fight against corruptive criminal acts, necessary, apart from legal regulations on specific probational actions, to establish institutional mechanisms for their consequent implementation, too.

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