Specijalni istražni metodi u krivičnim postupcima zemalja „druge Jugoslavije“ – komparativna analiza
Special Investigation Methods Within Criminal Procedures of the Countries of Former Yugoslavia – Comparative Analysis

Author(s): Darko Marinković, Saša V. Mijalković
Subject(s): Criminal Law, Security and defense
Published by: Institut za uporedno pravo
Keywords: special investigation methods; law on criminal proceedings; legislations of former SFRY countries; principles of special investigation methods application; organized crime; evidence procedures
Summary/Abstract: Special investigation methods nowadays represent evidence procedures that are most suitable to cope with contemporary crimes, their characteristics, perfidy and sophistication. The experiences of many countries have constituted the rule that in cases of particularly serious crimes it is necessary to use the data provided using various forms of electronic surveillance, secret agents, controlled deliveries, testimonies of cooperating witnesses and other methods in order to increase the efficiency of investigating bodies and to reduce the time required to provide evidence. All countries that used to constitute the Socialist Federative Republic of Yugoslavia two decades ago prescribe special investigation methods and the procedures of their application in their national legislations today. In these countries they are considered important as evidence procedures which are used both to detect and prove the crimes that have been committed as well as to prevent the planned serious crimes, in cases when other measures and activities fail to yield success. It is the impression that the satisfactory legal regulations in this field have not yet been found, which is suggested by frequent amendments to laws on criminal proceedings in all countries mentioned in the paper within the context of regulations related to special investigation methods. This is not particularly surprising if we bear in mind that these investigation activities invade deeply into the sphere of guaranteed freedoms and rights of citizens.

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