Pregledni rad
https://doi.org/10.30925/zpfsr.38.1.22
EVIDENCE OBTAINED THROUGH SURVEILLANCE AND TECHNICAL RECORDING OF TELEPHONE CONVERSATIONS AND OTHER DISTANCE COMMUNICATIONS IN THE LIGHT OF ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Ivan Turudić
; Županijski sud u Zagrebu, Zagreb, Hrvatska
Tanja Pavelin Borzić
; Županijski sud u Zagrebu, Zagreb, Hrvatska
Ivana Bujas
; Općinski kazneni sud u Zagrebu, Zagreb, Hrvatska
Sažetak
The paper elaborates the problems of the admissibility of the use as evidence
in criminal proceedings records collected under special investigative procedure
of surveillance and technical recording of telephone conversations and other
communications if they are obtained in violation of Article 8 of the Convention. In
the introduction of the paper it the cumulative conditions are clarifi ed which must
be met in order that the interference was justifi ed under Article 8, paragraph 2 of the
Convention with the presentation of case law of the European Court of Human rights
which established general principles that should be followed when public authorities
interfere with the rights under Article 8 of the Convention.
After showing the impact of violations of these rights and the issue of
admissibility of evidence in criminal proceedings in the 17 EU Member States based
on a study produced by a network of independent experts on fundamental rights set up
by the European Commission in 2003, the central part of the paper shows relevant case
law of the Supreme Court and the Constitutional Court in the light of the judgment of
the European Court of 15 January 2015 in the case Dragojevic against Croatia and the
relevant legal provisions before and after the amendment of the criminal procedure
act in 2008.
Ključne riječi
Article 8 of the Convention; supervision and technical recording of telephone conversations; ex judicio illegal evidence; ex lege illegal evidence
Hrčak ID:
178198
URI
Datum izdavanja:
10.3.2017.
Posjeta: 2.129 *