engleski

Special evidentiary actions in the context of judicial control of their application in practice in the Republic of Croatia

The focuse of this paper is the institute of special evidentiary actions, its application in practice, and the question to what extent the content component of the investigating judge's order must be justify in order to respond to the challenge of the standard of legal predictability. Proving the existence of certain forms of crime, with elements of conspiracy and latency, would be significantly hampered without the use of special evidentiary actions. The complexity of this challenge is raised to a higher level as it involves certain encroachment into individual human rights that are proclaimed as the highest constitutional values and are the subject of numerous international conventions and documents. Special evidentiary actions are taken latently, or secretly, because otherwise the realization of their very nature and purpose would be thwarted. In the light of this, the main guarantee of the protection of the defendants rights, as well as other persons, from excessive interventions into their fundamental rights lies precisely in the role of the court. The turning point in Croatian court practice was the decision of the European court for human rights in the case Dragojević v. Croatia, successively followed by the decisions in the cases of Bašić v. Croatia and Matanović v. Croatia, in the field of retrospective statement of reasons for investigating judge's orders, through the application of special evidentiary actions in practice. Such practice of domestic courts, by the decision of European court for human rights, was established as a behavior contrary to Art. 8. of the Convention, which led to a reassessment of the assurance level of appropriate guarantees against various possible abuses by public authorities

special evidentiary actions ; investigative judge's order ; statement of reasons for order ; court practice ; Supreme Court decision ; Constitutional Court decision ; human rights violations ; protection of personal and family life ; European Court of Human Rights

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