КРИВИЧНА ДЕЛА ПРИМАЊЕ МИТА И ДАВАЊЕ МИТА – ДОКАЗИВАЊЕ POST FESTUM
CRIMINAL ACTS TAKING A BRIBE AND GIVING A BRIBE – COLLECTION OF EVIDENCE POST FESTUM

Summary/Abstract: The paper presents criminal proceedings provisions of the valid Criminal Code, regarding the conditions and application of special acts of collecting evidence, especially in the light of presentation of evidence for criminal acts of corruption. It deals with the review of possibilities for the application of special acts of collecting evidence for the purpose of collecting evidence for criminal acts of Taking a bribe, Article 367 of the Criminal Code and Giving a bribe, Article 368 of the Criminal Code, which were discovered after some time, i.e. whether the application of these measures is justified and productive post festum. In the example presented briefly, it has been shown that it is possible to collect useful evidence of corruption, credible for the court, with good planning and tactical leading of the procedure of special acts of collecting evidence. At the time when collecting of evidence of this type has been conducted, the Criminal Code from the year 2009 was valid. This Criminal Code had different terminological descriptions for these “special” acts of collecting evidence from the valid Criminal Code, the one which entered into force in 2011. However, the aim of this paper is not to point out to their differences, but their sameness in the approach of legal regulation of one very sensitive issue in the taking of evidence for serious criminal offences, especially when the commitment of the same has been discovered after a long period of time.

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