KRIMINALISTIČKO POSTUPANJE SA DIGITALNIM DOKAZIMA U PRAKSI POLICIJSKIH AGENCIJA U BIH
DIGITAL EVIDENCE HANDLING IN PRACTICE OF POLICE AGENCIES IN B&H

Summary/Abstract: Police agencies in Bosnia and Herzegovina (B&H) apply different practices in handling digital evidence depending on the position of holders of judicial functions, and especially prosecutors. Thus, the goals of this paper are to identify their methods and to examine relationship between the established patterns and role of prosecutors from the perspective of professionals (experts) from the relevant agencies. Related data were gathered indirectly through methods of content analysis, as well questionnaires and semi-structured interview with professionals of police agencies. All basic methods were used in the analysis of the collected data. The dogmatic-legal method was used in the analysis of the legal framework. A key limitation of this research is that the responses of the interviewed experts reflect their personal perceptions and experiences in regard to the handling of digital evidence and therefore no general conclusions can be made about whole area. Furthermore, it was not possible to objectively confirm all the circumstances and details of the handling of the digital evidence described by the respondents. Based on the data collected, the authors identified patterns in the treatment of digital evidence, as well as their key shortcomings, which may result in the illegality of the evidence. This paper represents modest contribution to the scientific and expert discussion on the subject of elimination of deficiencies and harmonization of the researched area. The general conclusion presented in paper is that the inconsistency of the practices of domestic police agencies in dealing with digital evidence must be eliminated through amendments to existing legal provisions, as well as by enacting by-laws that will clearly establish rules and procedures while taking into account the specific nature of this evidence and the existing concerns and issues in regard to their legality.

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