Part I
GENERAL PROVISIONS
Chapter VIII
SPECIAL INVESTIGATIVE TECHNIQUES
5. Automatic computerized search of personal and other data
Article 155
(1) The automatic computerized search of personal and other related data and their electronic processing may be carried out if there are grounds for suspicion that one has committed:
1) a criminal offense against the Constitutional order and security of the Republic of Serbia and SCG;
2) a criminal offense against humanity and other goods protected under international law;
3) an organized crime offense referred to in Article 21 of the present Code;
4) a criminal offense against sexual freedom;
5) murder, aggravated murder, banditry, robbery, money counterfeiting, money laundering, unauthorized production and trade in narcotics, unlicensed holding of weapons and explosives, human trafficking, trafficking in children for the purpose of adoption, giving and receiving bribe, abuse of office, blackmail, extortion and kidnapping.
(2) The special investigative technique referred to in paragraph 1 of the present Article may exceptionally be ordered if special circumstances indicate that some of the criminal offenses referred to in paragraph 1 of the present Article is being prepared, and facts indicate that this would be impossible or very difficult to prevent in any other way, or that there would be irreparable damage to the lives or health of people, or valuable assets.
(3) The special investigative technique referred to in paragraph 1 of the present Article shall consist of the automatic search of the already stored personal data and other data directly correlated with them, and their automatic comparison with the data that refer to a criminal offense referred to in paragraph 1 of the present Article and person that can be brought in connection with this criminal offense, in order to rule out as possible suspect persons who are unlikely to be in connection with the criminal offense, and to identify those persons for whom there are grounds for suspicion on the basis of the collected data.
(4) The special investigative technique referred to in paragraph 1 of the present Article shall be ordered by the Investigative Judge at the proposal of the Public Prosecutor, and in case circumstances exist due to which there may be no delay, the Public Prosecutor may issue an order himself, which shall have to be presented to the Investigative Judge for confirmation within 24 hours. If the Investigative Judge does not confirm the Public Prosecutor’s order within 24 hours after the moment he has received the order, it shall be revoked without any delay and all collected data shall immediately be destroyed under the supervision of the Investigative Judge and Public Prosecutor.
(5) The order referred to in paragraph 4 of the present Article shall contain: the statutory title of the criminal offense referred to in paragraph 1 of the present Article; specification of data whose automatic collection and sending is necessary; appointment of the government authority which has the obligation to collect the requested data automatically and to send them to the Public Prosecutor and police; scope of the special investigative technique and its duration.
(6) The special investigative technique referred to in paragraph 1 of the present Article may last for maximum three months, and it may be extended once again by three months due to important reasons.
(7) The special investigative technique referred to in paragraph 1 of the present Article shall be implemented by police, Security-Information Agency, a Customs authority or another government authority, and/or other legal persons who perform certain public duties under the law.
(8) All collected data shall be destroyed under the supervision of the Public Prosecutor and Investigative Judge if criminal proceedings are not initiated within six months after the implementation of the special investigative technique referred to in paragraph 1 of the present Article.
Search and seizure - national proceedings
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