Article 162: Criminal Offences in Respect of Which Special Evidentiary Actions are Applied
Under the conditions referred to in Article 161 of this Code, special evidentiary actions may be ordered for the following criminal offences:
1) those which according to separate statute fall within the competence of a prosecutor’s office of special jurisdiction;
2) aggravated murder (Article 114 of the Criminal Code), abduction (Article 134 of the Criminal Code), showing, procurement and possession of pornographic materials and exploiting juveniles for pornography (Article 185 paragraphs 2 and 3 of the Criminal Code), extortion (Article 214 paragraph 4 of the Criminal Code), counterfeiting money (Article 223 paragraphs 1 to 3 of the Criminal Code), money laundering (Article 231 paragraphs 1 to 4 of the Criminal Code), unlawful production and circulation of narcotic drugs (Article 246 paragraphs 1 to 3 of the Criminal Code), threatening independence (Article 305 of the Criminal Code), threatening territorial integrity (Article 307 of the Criminal Code), sedition (Article 308 of the Criminal Code), inciting sedition (Article 309 of the Criminal Code), subversion (Article 313 of the Criminal Code), sabotage (Article 314 of the Criminal Code), espionage (Article 315 of the Criminal Code), divulging state secrets (Article 316 of the Criminal Code), inciting national, racial and religious hatred or intolerance (Article 317 of the Criminal Code), violation of territorial sovereignty (Article 318 of the Criminal Code), conspiring to conduct activities against the Constitution (Article 319 of the Criminal Code), plotting an offences against the constitutional order and security of Serbia (Article 320 of the Criminal Code), serious offences against the constitutional order and security of Serbia (Article 321 of the Criminal Code), illegal manufacture, possession and sale of weapons and explosive materials (Article 348 paragraph 3 of the Criminal Code), illegal crossing of the national boarder and human trafficking (Article 350 paragraphs 2 and 3 of the Criminal Code), abuse of office (Article 359 of the Criminal Code), trading in influences (Article 366 of the Criminal Code), taking bribes (Article 367 of the Criminal Code), offering bribes (Article 368 of the Criminal Code), human trafficking (Article 388 of the Criminal Code), taking hostages (Article 392 of the Criminal Code) and the criminal offence referred to in Article 98 paragraphs 3 to 5 of the Law on the Secrecy of Data; 3) obstruction of justice (Article 336 paragraph 1 of the Criminal Code), if committed in connection with the criminal offence referred to in items 1) and 2) of this paragraph.
A special evidentiary action referred to in Article 183 of this Code may be ordered only in connection with a criminal offence referred to in paragraph 1 item 1) of this Article.
Under the conditions referred to in Article 161 of this Code the special evidentiary action referred to in Article 166 of this Code may also be ordered for the following criminal offences: unauthorised exploitation of copyrighted work or other works protected by similar rights (Article 199 of the Criminal Code), damaging computer data and programmes (Article 298 paragraph 3 of the Criminal Code), computer sabotage (Article 299 of the Criminal Code), computer fraud (Article 301 paragraph 3 of the Criminal Code) and unauthorised access to protected computers, computer networks and electronic data processing (Article 302 of the Criminal Code).
Article 166: Conditions for Ordering
If the conditions referred to in Article 161 paragraphs 1 and 2 of this Code are fulfilled, acting on a reasoned request by the public prosecutor the court may order interception and recording of communications conducted by telephone or other technical means or surveillance of the electronic or other address of a suspect and the seizure of letters and other parcels.
Article 167: Order on Covert Interception of Communications
The special evidentiary action referred to in Article 166 of this Code is ordered by the judge for preliminary proceedings by a reasoned order.
The order referred to in paragraph 1 of this Article contains available data on the person against whom the covert interception of communication is being ordered, legal designation of the criminal offence, designation of a known telephone number or address of the suspect or telephone number or address for which exist grounds for suspicion that the suspect is using, the reasons on which the suspicion is founded, manner of conduct, scope and duration of the special evidentiary action.
Covert interception of communication may last three months, and if it is necessary in order to continue collecting evidence it may be extended by another three months at most. If criminal offences referred to in Article 162 paragraph 1 item 1) of this Code are concerned, covert interception may exceptionally be extended at the most two times by another three months, respectively. The conduct of interception is discontinued as soon as the reasons for its application cease to exist.
Article 168: Conducting Covert Interception of Communications
The order referred to in Article 167 paragraph 1 of this Code is executed by the police, Security Information Agency or Military Security Agency. Daily reports are made on the conduct of the covert interception of communication and are together with the collected recordings of communications, letters or other parcels sent to the suspect or sent by the suspect, delivered to the judge for preliminary proceedings and the public prosecutor at their request.
Postal, telegraphic and other enterprises, companies and persons registered for transmission of information are required to make accessible to the public authority referred to in paragraph 1 of this Article which executes the order the conduct of covert interception and recording of communications, and, with a receipt of delivery, hand over letters and other parcels.
Article 169: Expanding Covert Interception of Communications
If during the conduct of covert interception of communications it becomes apparent that the suspect is using another telephone number or address, the public authority referred to in Article 168 paragraph 1 of this Code will expand the covert interception of communications to that number or address and immediately inform the public prosecutor thereof.
Upon receiving the notice referred to in paragraph 1 of this Article, the public prosecutor will immediately submit a motion for an expansion of the covert interception of communications.
The motion is decided on within 48 hours of the receipt of the motion by the judge for preliminary proceedings, who makes a note thereof in the record.
If he approves the motion referred to in paragraph 2 of this Article, the judge for preliminary proceedings will authorise an expansion of the covert interception of communications, and if he denies the motion, the materials collected in accordance with paragraph 1 of this Article are destroyed (Article 163 paragraphs 1 and 2).
Article 170: Delivery of Reports and Materials
Upon the termination of the covert interception of communications, the authority referred to in Article 168 paragraph 1 of this Code delivers to the judge for preliminary proceedings recordings of the communications, letters and other parcels and a special report which contains: the time of commencement and termination of the interception, data on the official who conducted the interception, a description of the technical means used, the number and available data on the persons encompassed by the interception, and an assessment of purposefulness and results of the application of the interception.
The judge for preliminary proceedings will in the opening of letters and other parcels take care not to damage seals and to preserve the covers and addresses. A record will be made of the opening. All the materials obtained by the implementation of the covert interception of communications will be delivered to the public prosecutor.
The public prosecutor will order the recordings obtained through use of technical means to be transcribed in full or in part and to be described.
The provisions of Articles 237, 358, 407 and Article 445 paragraph 2 of this Code will apply accordingly to recordings made in contravention of the provisions of Articles 166 to 169 of this Code
