Intelligence as evidence in criminal proceedings

Zbornik Radova: Pravni Fakultet u Novom Sadu

Lukić Tatjana¹ 

[1] University of Novi Sad, Faculty of Law, Novi Sad, Serbia;

关键词: data;    information;    security services;    criminal procedure;    evidence;    data exchange;    international cooperation;   

DOI  :  10.5937/zrpfns1101289L

来源: DOAJ

【 摘 要 】

The fight against modern forms of crime such as organized crime, terrorism and other very serious crimes caused not only modification of procedural principles and procedural rules, but also the necessity of re-examination of evidence in terms of introducing new evidence in criminal proceedings. Given that the prevention, detection and proving in cases of mentioned offenses represent the systemic issue and that the efficiency is caused by cohesion of preventive and repressive mechanisms in each strategy of preventing and combating serious crimes, the more often raised question, aroused from the practice, is the issue of the use of information gathered by the police or security services as evidence in criminal proceedings. In addition, there is the issue of use of illegal evidence, the ways in which these evidence are defined in some jurisdictions and which are the legal consequences of their use in judicial decision, whether it is based only on them, or on some other evidence beside them. The author addresses the issues of necessity and justification for use of information of security services as evidence in criminal proceedings, their definition and difference with respect to data, experiences and practices in other countries and of course their use as evidence in criminal proceedings of Serbia. Also, the paper addresses the Criminal Intelligence Analytics, exchange of information between the competent authorities at national and international level.

【 授权许可】

Unknown