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Влада Републике Српске – Министарство управе и локалне самоуправе , Бања Лука
Влада Републике Српске – Министарство управе и локалне самоуправе , Бања Лука
Faced with an increase in criminal offenses and new forms of crime, modern society is forced to discover, solve and prove the criminal offenses, with the use of modern scientific techniques and technologies. The introduction of modern scientific techniques and technology in criminal procedural matters, was aimed at finding new evidence. One of those new evidence that has resulted from the use of modern scientific techniques and technologies is the audio and video recording. Audio and video recording as a evidence, represents a record to which the authorities have come in to the possesion in the process of implementation of one or more evidentiary actions, so the goal of of this scientific research is to emphasize the need and importance of audio and video recordings in criminal proceedings practice. The survey came to the conclusion, that the audio and video recordings as evidence have immense importance in criminal proceedings practice, but insufficient legislative arrangement. Specifically, the Criminal Procedure Code of the Republic of Srpska and BiH does not regulate valuation of audio and video recordings made without the knowledge of the person that is being recorded, the footage from party or a birthday celebration where there has been arguing, fighting, theft or drug use that is some incriminating actions. The Criminal Procedure Code of the Republic of Srpska and BiH insufficiently regulates the proving actions which provide audio and video recordings, the conditions for their safekeeping, protection of those who are affected by the actions and measures on the basis of which they are incurred audio and video recordings. In addition to this, the law does not say anything either about phonetics and phonetic expertise, which is the basis for evaluating probative audio and video recordings as evidence at trial, to which the conclusion is derived from an analysis of numerous judicial proceedings at which these have been used as evidence. These are just some of the gaps of the Criminal Procedure Code of the Republic of Srpska and BiH that need to be updated and edited in the future to make this extremely complex matter fully edited.
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