USLUGE PRESRETANjA TELEKOMUNIKACIJA U KRIVIČNOM POSTUPKU I DOKAZIVANjE KRIVIČNOG DELA SILOVANjA

Abstract

In the paper, the author analyzes interception of telecommunications in criminal proceedings. Primarily, it analyzes the normative framework and explains how different types of services related to telecommunications can be demanded in criminal proceedings. It places a special emphasis on the protection of human rights when applying the special evidentiary action of secret surveillance of communications. Then the author analyzes the use of mobile traffic in the investigation of the crime of rape. The author tests two hypotheses. The first hypothesis considers that the content of mobile communication can be evidence when proving the mentioned criminal act. The second hypothesis assumes the use of locating the location of the mobile phone and linking the perpetrator to the place of the crime. By analyzing the judicial practice, the author confirms both hypotheses.