(ILLEGALITY) OF SPECIAL INVESTIGATIVE ACTIONS

Abstract

The question of the (il)legality of the evidence seems to us to be particularly significant, given that in practice we are faced with the ease of applying special investigative actions, in order to collect evidence of the commission of catalog crimes. Special investigative actions are carried out due to the existence of grounds for suspicion of the commission of one of the criminal acts in respect of which the application of these actions can be determined, for this reason, facts that support the existence of grounds for suspicion should be noted from the prosecutor's proposal. Also, one of the issues discussed in the paper is judicial control of the legality of special investigative actions. Among other things, in the paper we looked at the legal deficiency in the criminal procedural legislation of Bosnia and Herzegovina, due to the too general legal wording, that special investigative actions can be determined for criminal offenses for which a prison sentence of three years or more can be imposed. The main thesis of the paper is that legal evidence is obtained through special investigative actions, only if special investigative actions are understood as a last resort in gathering evidence, as required by Article 8 paragraph 2 of the European Convention on the Protection of Human Rights and Fundamental Freedoms. By applying special investigative actions, law comes into conflict with law. For this reason, we pointed out in the paper the conditional similarity between special investigative actions and the institution of necessary defense.