ZAKONITOST DOKAZA PRIBAVLJENIH POSEBNIM ISTRAŽNIM RADNJAMA U KONTEKSTU ČLANA 6. I ČLANA 8. EVROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I TEMELJNIH SLOBODA
THE LEGALITY OF THE EVIDENCE OBTAINED BY SPECIAL INVESTIGATION IN THE CONTEXT OF ARTICLES 6. AND 8. OF THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Summary/Abstract: Special investigative actions are evidence-based actions designed to combat the most serious forms of crime (organized crime, terrorism, corruption, etc.). They include the possibility of a conflict of protection of the highest social values on the one hand and violation of basic human rights and freedoms on the other. Their excessive use can adversely affect the entire legal system in one country. This paper examines the concept, types and conditions under which specific investigative actions are determined. Particular emphasis in this paper is on the legality of evidence obtained through special investigative actions in the context of the right to a fair trial and the right to privacy and family life, home and correspondence guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms. The reason why the authors opted for this particular issue is certainly the large number of petitions filed with the European Court of Human Rights, to which the appellants point to the illegality of the evidence in terms of Article 6 and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms actions.

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