Review article
https://doi.org/10.59245/ps.32.2.5
Implementation of electronic surveillance in criminal law in some European countries
Nevena Aljinović
orcid.org/0000-0001-6557-2796
; Sveučilišni odjel za forenzične znanosti Sveučilišta u Splitu
Abstract
Electronic surveillance is a specific modality of supervision over implementing alternative sanctions, i.e., supervision over precautionary measures or measures of the defendant's presence in the proceedings, the manner of execution of a prison sentence, or, per se, an alternative to imprisonment. Despite the broad affirmative trend of using electronic surveillance through various stages of criminal proceedings, it has not been accepted by all Western European countries, suggesting that different cultural traditions, constitutional configurations, and unique national experiences greatly influence its implementation patterns. There are many differences in its implementation in some European jurisdictions that apply electronic surveillance. Still, given its representation, it can be concluded that electronic surveillance is not a quantitatively relevant measure. Also, despite the envisaged legislative framework, some countries do not have the practice of resorting to this modality of supervision.
This paper aims to analyze and evaluate the approach to electronic surveillance in certain European countries through various modalities of its application in all phases of criminal proceedings. Applying the theoretical method, the relevant comparative literature on the subject matter is analyzed, and the author relies on the results of previous research conducted on various aspects of electronic surveillance and its correlation with recidivism. Also, the application of the normative method provides insight into the legislative regulation of the institute, but also the application in practice ranging from dead letter on paper (e.g., Croatia) through normative restraint (e.g., Germany) to a wide range of use through various stages of criminal proceedings and modifications of application (e.g., England / Wales, France, Belgium, the Netherlands).
Keywords
Hrčak ID:
303184
URI
Publication date:
25.6.2023.
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