Прикупљање и употреба електронских доказа у кривичном поступку
Collecting and Using Electronic Evidence in Criminal Proceedings

Author(s): Marina Barbir, Bojana Stanković
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Digital evidence; Illegal evidence; Device search; Criminal procedure;
Summary/Abstract: In this paper, the authors consider the process of obtaining and legal use of electronic evidence, including its characteristics, nature and types. As the specificity of this evidence -its potential for alteration during collection or storage-influences its admissibility in criminal proceedings, ensuring its authenticity and reliability is a fundamental step in determining its legality. The emphasis in this work is on the absence of special rules in criminal procedural law and rich, but uneven, judicial practice. We arrived at the conclusion that we must adhere to the formality of the process when dealing with electronic evidence from automatic data search engines and other electronic data carriers. On the other hand, when it comes to audio and video recordings, photos and texts made by third parties, establishing their factual legitimacy and value (in the context of an overriding interest) must be our primary concern.

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