PRETRESANJE UREĐAJA ZA AUTOMATSKU OBRADU PODATAKA I AUTOMATSKO RAČUNARSKO PRETRAŽIVANJE PODATAKA
SEARCH AND SEIZURE OF THE AUTOMATIC DATA PROCESSING DEVICE AND AUTOMATIC COMPUTER DATA SEARCH

Summary/Abstract: In the implementation of new methods for the detection of perpetrators of criminal acts, the methods of detection, finding and providing digital relics of criminal offenses and their perpetrators or connections with them are becoming more and more the basic methods. In the Republic of Serbia, several methods have been recognized as very extensive and significantly embittered in the freedoms and rights of citizens, and for these reasons, they and their application have been defined within the frames of evidence or special evidentiary actions. Specifically, they include automatic data processing utensils (devices) search (or Scanning the automatic data processing device) as well as automatically searching already processed data. The basic ratio of such a restrictive relationship to everything that is technically more advanced is not new in the history of criminal legislation. Every new method and measure, according to the attitude of the legislators, is always accepted with delay and significant reserve. This understanding and attitude are understandable, but one should point out some aspects of such treatment, which are not necessary for certain activities related to digital data. When it comes to a little more meaning, scope, purpose, and logic, understanding the restrictive attitude toward these actions loses its meaning. Namely, such actions can hardly change the contents of digital data, without being noticed by an expert. What's more, it is possible through the existing ways and methods to record activities to determine any action taken on a device with high precision. Other reasons concern data volume. In this paper, we try to show the importance and scope of these actions and their limitations and ultimate coverage, in order to show the unnecessary limits imposed by the legislator.

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