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- Title
ПРАВНИОТ РЕЖИМ НА КЛАСИФИЦИРАНИТЕ ИНФОРМАЦИИ И НЕЗАКОНИТИТЕ ДОКАЗИ - домашни и компаративни аспекти
- Authors
Лажетиќ, Гордана
- Abstract
The classified information is not illegally acquired and does not have the status of information that can not be used during the criminal procedure. Guarantees in terms of classified information that are offered by the CIPA in the United States can not be fully accepted due to the limitations existing in national legislation regarding the credibility of the evidence. Comparative experience shows that the provisions on classified information prescribe the procedure for their protection and the manner of their use in the criminal procedure. In the course of criminal proceedings, the court is obliged to take into consideration the prescribed procedure so that so that the content of classified information can not be made available to unauthorized persons. The issue of unlawful evidence raised numerous discussions in the expert and scientific public, especially in the context of illegal interception of communications and the competence of the Special prosecution office. The records of the illegal interception of communications should not be excluded from the evidence as unlawful, due to the fact that the Special prosecution office did not acquire such recordings, but they were submitted to them in order to act in the context of the legislative obligations that they have. However, it remains for the court's assessment whether and to what extent the court's decision will be based on these recordings, given that the judge has a free judicial belief to decide which evidence will be crucial for the judgment. This view is in the context of the practice of the European Court on Human Rights, which does not include the prohibition on using unlawful evidence in the general elements that constitute the term “fair trial" of Article 6 of the European Convention. The majority of applications for unlawful evidence have been rejected by the European Court because of the Court's view that the assessment of whether a evidence is unlawful or not is an issue decided by the national courts. Only absolutely prohibited evidence such as torture, inhuman and inhumane treatment are without exception considered to be a violation of the right to a fair trial under Article 6 of the European Convention.
- Publication
Macedonian Journal for Criminal Law & Criminology, 2017, Vol 24, Issue 2, p1
- ISSN
1409-5327
- Publication type
Article