HOW THE LEGISLATION AND PRACTICE ON REQUESTING INFORMATION FROM THE COMPUTER SYSTEM HAS DEVELOPED

Abstract

Requesting information from the computer system was a subject to discussion for a long period. Initially, only the prosecution side had the exclusive competence to conduct this investigative activity, which was viewed as breach of the principles of adversarial process and equality. Along with the legislation, inconsistent judicial practice created even more obstacles for the defense to obtain information from computer system (video recordings, information store in computer and mobile equipment, etc.). The mentioned challenges were partially addressed by the Constitutional Court in its decision of 27 January of 2017, however, number of legislative and practical gaps still remain, which creates difficulties for the parties in the process to obtain such evidence.

The article tries to discuss the legislation and practical approaches regarding retrieving information from computer system. For this reason, in the article there will be presented the analysis of the legislation and practice existing before the judgement of the Constitutional Court, as well as interpretations established after that judgement. Therefore, readers will have possibility to follow the tendency, which undergoes significant changes in recent couple of years and see clearly the role of the decision of Constitutional Court in enhancement of the circle of subjects who have title to conduct this investigative activity.