Review article
https://doi.org/10.30925/zpfsr.37.1.19
/NO/LEGAL EVIDENCE IN CRIMINAL PROCEEDINGS (SPECIAL REFERENCE TO MEASURES OF SECRET RECORDING OF TELEPHONE CONVERSATIONS AND THIRD IN THESE ACTIONS)
Jakob Nakić
; Županijsko državno odvjetnišvo, Rijeka
Marko Rogić
; Odvjetnik iz Rijeke
Abstract
The paper deals with the issue of unlawful evidences within terms of Croatian criminal legal system providing brief overview of the basic principles and framework as defined by applicable legal sources, i.e. national procedural law, the Constitution and the European Convention. More precisely, it aims to analyse the validity of usage of contents gathered by means of covert recording of telephone conversation against the third party or the person against those specific measures have not been ordered, within the scope of the Art. 8. of European Convention and reasonable expectations in protection of basic rights of privacy and communication. These issues have been analysed through comparison of the national judiciary and basic rights protection standard brought by ECHR, concluding that certain changes in Croatian legislation (The Criminal proceedings act) will have to take place in order to comply with the highest standards developed.
Keywords
unlawful evidences; fruit of the poisonous fruit; measures secret taping; phone conversations; The Criminal proceedings act; The European Court of Human Rights; constitutional court; Supreme Court
Hrčak ID:
161327
URI
Publication date:
11.4.2016.
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