![](https://disident.info/wp-content/uploads/2024/05/SKY-Aplikacija.jpg)
Evropski sud pravde odbacio je korišćenje kao dokaza u krivičnim sudskim postupcima “nezakonito dobijenih razgovora sa šifrovanih mreža Encrochat i SKY”, izvještavaju evropski i regionalni mediji.
U odluci suda se navodi da bi on jedino mogao da se kroisti kada se prvo ispoštuje domaći zakon, zakon države u kojoj se sudi i pod uslovom da je ta zemlja obavještena o preduzimanju mjera kojima se poruke presreću u odnosu na njene građane. Berlinski sud u Njemačkoj se 19. oktobra 2022. godine obratio Evropskom sudu pravde da pojasni kako treba da postupa sa razgovorima Encrochat i SKY šifrovanih mreža, piše portal Vox news.al.
– Sud saopštava odluku u predmetu C-670/22 kojom se utvrđuje da transkripti koje je dobio francuski pravosudni organ predstavljaju „presretanje telekomunikacija“ – dio je pomenute odluke.
Ova odluka ESP je u vezi sa zahtjevom Suda u Berlinu (Njemačka), o nekim pitanjima primjene u različitim zemljama EU, transkripata presretanja komunikacija platforme Encrochat koji su sprovedeni. od strane francuskih vlasti preko tehničkog uređaja koji se infiltrirao u komunikacioni saobraćaj zasnovan na Internetu.
Vladimir Galjak, advokat iz Beograda kaže za „Novosti“ da prema njego0vom mišljenju koji jednim dijelom obrađuje i citirana presuda, sky komunikacija ne može se koristiti kao dokaz u krivičnim postupcima u Srbiji iz dva razloga.
– Prvi je taj što naše procesno zakonodavstvo ne poznaje kao posebnu dokaznu radnju upad u računarski sistem na koji način su predmetne poruke pribavljene od strane francuskih istražnih organa i ovakav nacin pribavljanja dokaza kod nas predstavlja krivicno djelo. Drugi razlog je što su ove poruke pribavljene u postupku masovnog nadzora nad 70.000 telefona sa sky aplikacijom i ovakvi dokazi pribavljeni masovnim nadzorom ni kod a nas ,a ni nigde u Evropi ne mogu se koristiti kao dokaz već eventualno kao operativni podatak – pojasnio je advokat Galjak.
Inače u pomenutoj Odluci, Sud, iako potvrđuje princip međusobnog priznavanja sudskih odluka zemalja članica, nazivajući ovaj princip „kamenom temeljcem“ pravosudne saradnje u krivičnim predmetima, zahtjeva da dokazi koje je uputio francuski sud sa Evropski nalog za krivičnu istragu, će biti verifikovan od strane pravosudnih organa drugih država ako su pribavljeni u skladu sa postupkom predviđenim domaćim zakonodavstvom i ako su u skladu sa principima prava dotične države, piše Voxnews.
Italijasnki portal dirittoegiustizia.it navodi da je intervenišući u kontekstu nekih krivičnih postupaka koji se vode u Njemačkoj za nezakonitu trgovinu drogom putem EncroChat šifrovane telekomunikacione usluge, Evropski sud pravde razjasnio uslove predviđene direktivom koja se odnosi na Evropski nalog za krivične istrage u vezi sa prenosom i upotrebom dokaza..
Konkretno, u presudi podnijetoj 30. aprila 2024. u vezi sa predmetom C-670/22 (ECLI:EU:C:2024:372) je pojašnjeno da evropski nalog za istragu koji ima za cilj da dobije prenos dokaza koje je već prikupila druga država članica može, pod određenim uslovima donosi javni tužilac. Njegovo izdavanje ne zahtjeva poštovanje uslova koji se primenjuju na prikupljanje dokaza u državi izdavanja.
Međutim, mora postojati mogućnost naknadnog sudskog preispitivanja poštovanja osnovnih prava subjekata podataka. Štaviše, mjera presretanja koju je sprovela država članica na teritoriji druge države članice mora biti odmah obavještena toj državi. Sudija mora, pod određenim uslovima, isključiti prikupljene dokaze ako lice o kome je riječ nije u mogućnosti da izvrši svoja zapažanja o njima.
U presudi se takođe precizira da se „mjera povezana sa infiltracijom terminalne opreme, koja ima za cilj da izvuče podatke koji se odnose na saobraćaj, lokaciju i komunikacije komunikacijskog servisa zasnovanog na Internetu, mora biti obavještena država članica u kojoj se pronađe presretnuto osoba (u ovom slučaju Njemačka). Nadležni organ te države članice tada ima ovlašćenje da ukaže da se takvo presretanje telekomunikacija ne može izvršiti ili da se mora prekinuti ako se ne može odobriti u sličnom domaćem slučaju. Ove obaveze i ovlašćenja imaju za cilj ne samo da obezbjede poštovanje suvereniteta države članice o kojoj je obavještena, već i da zaštite prava subjekata podataka. U kontekstu krivičnog postupka koji je pokrenut protiv lica osumnjičenog za krivična djela, sudija mora isključiti dokaze ako lice o kome se radi nije u stanju da iznese svoja zapažanja o njima i oni su pogodni da pretežito utiču na ocjenu činjenice“.
Veliko vijeće ESP je jasno definisalo da prodiranje terminalnih uređaja, čiji je cilj izvlačenje podataka o saobraćaju, lokaciji i sadržaju razgovora koje obavlja komunikacioni servis zasnovan na Internetu, predstavlja „presretanje telekomunikacija“.
– Sud EU uspostavlja dublju zaštitu ovih prava jer, tumačeći član 14(7) Direktive, nameće nacionalnom sudiji krivičnim da, u okviru krivičnog postupka pokrenutog protiv lica osumnjičenog za krivična djela, ne smatra dobijene informacije kao dokaz, ako osumnjičenom i njegovoj odbrani nije data mogućnost da se za ovu informaciju efikasno odbrani ili efikasno iznese svoja zapažanja, koja bitno utiče na ocjenu činjenica – navodi pomenuti portal.
Comments (85)
escape roomy listasays:
05.07.2024. 20:03 at 20:03Awsome article and right to the point. I don't know if this is truly the best place to ask but do you guys have any thoughts on where to hire some
professional writers? Thanks 🙂 Najlepsze escape roomy
webpagesays:
07.07.2024. 07:41 at 07:41I have been surfing online greater than three hours these days, yet I never discovered any fascinating article like yours.
It is lovely worth enough for me. In my view, if all website owners and bloggers made good content as you probably
did, the web might be much more helpful than ever before.
Palm beach. Miamisays:
21.07.2024. 10:52 at 10:52May I simply say what a relief to find someone that genuinely knows what they're discussing online. You certainly understand how to bring an issue to light and make it important. More people must check this out and understand this side of your story. I was surprised that you aren't more popular given that you definitely possess the gift.
ventssays:
22.07.2024. 04:04 at 04:04Good blog you have here.. It’s hard to find high-quality writing like yours nowadays. I seriously appreciate individuals like you! Take care!!
Flum pebble flavorssays:
22.07.2024. 11:14 at 11:14You are so interesting! I don't believe I've truly read something like that before. So wonderful to find someone with a few genuine thoughts on this subject matter. Seriously.. thank you for starting this up. This site is one thing that is needed on the internet, someone with a bit of originality.
lehengasays:
24.07.2024. 04:40 at 04:40You should be a part of a contest for one of the highest quality sites on the net. I am going to highly recommend this website!
klikx in Englandsays:
27.07.2024. 19:23 at 19:23Aw, this was a really nice post. Taking the time and actual effort to produce a superb article… but what can I say… I hesitate a lot and don't seem to get anything done.
Pakistani Jutti Arpitaa Bansalsays:
30.07.2024. 21:18 at 21:18Hi there! This article could not be written any better! Going through this post reminds me of my previous roommate! He always kept talking about this. I most certainly will send this article to him. Fairly certain he'll have a very good read. I appreciate you for sharing!
Buy Steroids in Europesays:
30.07.2024. 23:11 at 23:11Having read this I believed it was very informative. I appreciate you spending some time and effort to put this article together. I once again find myself personally spending way too much time both reading and leaving comments. But so what, it was still worth it!
Browning 1911-22 Black Label Tungsten Semi-Automatic Pistolsays:
31.07.2024. 01:10 at 01:10I used to be able to find good information from your blog posts.
ricepurityscore.gallery.rusays:
31.07.2024. 02:59 at 02:59Hello there! I just wish to give you a huge thumbs up for your excellent info you have got right here on this post. I will be returning to your site for more soon.
custom quilted jacketssays:
31.07.2024. 04:47 at 04:47Oh my goodness! Impressive article dude! Thanks, However I am experiencing problems with your RSS. I don’t know the reason why I am unable to subscribe to it. Is there anyone else having similar RSS problems? Anybody who knows the solution can you kindly respond? Thanx!!
Deepavali snackssays:
02.08.2024. 21:16 at 21:16I really love your site.. Very nice colors & theme. Did you make this site yourself? Please reply back as I’m wanting to create my very own site and want to find out where you got this from or exactly what the theme is called. Cheers!
kontol besarsays:
02.08.2024. 23:20 at 23:20I love looking through a post that will make people think. Also, thanks for permitting me to comment.
stickerssays:
03.08.2024. 01:24 at 01:24I like reading a post that can make men and women think. Also, thanks for allowing for me to comment.
iptvsays:
03.08.2024. 03:24 at 03:24I need to to thank you for this wonderful read!! I absolutely loved every little bit of it. I have you book-marked to check out new stuff you post…
iptvsays:
03.08.2024. 05:29 at 05:29I seriously love your website.. Pleasant colors & theme. Did you develop this site yourself? Please reply back as I’m attempting to create my own blog and would like to find out where you got this from or exactly what the theme is called. Many thanks.
iptvsays:
03.08.2024. 07:20 at 07:20Everything is very open with a very clear explanation of the issues. It was truly informative. Your site is very useful. Thank you for sharing!
iptvsays:
03.08.2024. 12:27 at 12:27Good post. I learn something new and challenging on sites I stumbleupon every day. It will always be interesting to read content from other writers and use something from other web sites.
iptvsays:
03.08.2024. 14:35 at 14:35This website was… how do you say it? Relevant!! Finally I have found something that helped me. Thank you.
iptvsays:
03.08.2024. 16:41 at 16:41I could not refrain from commenting. Exceptionally well written!
iptvsays:
03.08.2024. 18:36 at 18:36Your style is really unique in comparison to other folks I've read stuff from. I appreciate you for posting when you have the opportunity, Guess I'll just bookmark this page.
Slotsays:
04.08.2024. 04:56 at 04:56Aw, this was an exceptionally good post. Finding the time and actual effort to make a superb article… but what can I say… I put things off a lot and don't seem to get nearly anything done.
33winsays:
04.08.2024. 16:12 at 16:12Oh my goodness! Awesome article dude! Thank you, However I am having difficulties with your RSS. I don’t know why I cannot join it. Is there anybody getting the same RSS problems? Anyone who knows the solution will you kindly respond? Thanks.
M88says:
04.08.2024. 18:16 at 18:16Oh my goodness! Awesome article dude! Thank you, However I am having troubles with your RSS. I don’t understand why I cannot subscribe to it. Is there anybody getting identical RSS problems? Anybody who knows the answer will you kindly respond? Thanx!!
shakibalhasansays:
05.08.2024. 15:25 at 15:25When I originally left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the exact same comment. There has to be an easy method you can remove me from that service? Kudos.
rikviptourssays:
05.08.2024. 17:28 at 17:28Nice post. I learn something totally new and challenging on websites I stumbleupon everyday. It will always be exciting to read content from other writers and use a little something from their sites.
mibetsays:
05.08.2024. 19:42 at 19:42I was able to find good information from your blog posts.
nhacai123dzosays:
05.08.2024. 21:58 at 21:58Your style is very unique compared to other people I've read stuff from. Thank you for posting when you've got the opportunity, Guess I'll just bookmark this blog.
6623onesays:
06.08.2024. 00:07 at 00:07You are so cool! I don't think I've read anything like that before. So great to discover another person with some unique thoughts on this subject. Seriously.. many thanks for starting this up. This site is something that is needed on the web, someone with a bit of originality.
mibetsays:
06.08.2024. 02:11 at 02:11This site definitely has all the information I needed concerning this subject and didn’t know who to ask.
iptvsays:
06.08.2024. 04:17 at 04:17Hello there, I think your blog may be having web browser compatibility problems. Whenever I look at your website in Safari, it looks fine however, if opening in I.E., it's got some overlapping issues. I just wanted to provide you with a quick heads up! Besides that, great website.
baby turbans for newbornssays:
06.08.2024. 10:55 at 10:55I could not refrain from commenting. Well written.
top88betsays:
06.08.2024. 15:45 at 15:45Good info. Lucky me I ran across your website by chance (stumbleupon). I've bookmarked it for later.
Whitescreen50says:
07.08.2024. 00:40 at 00:40Pretty! This was an incredibly wonderful article. Thank you for supplying these details.
Sohaib muftisays:
07.08.2024. 04:21 at 04:21You are so awesome! I do not think I've read something like this before. So great to find another person with original thoughts on this subject matter. Seriously.. thanks for starting this up. This site is something that's needed on the web, someone with a little originality.
Backpage Alternativesays:
07.08.2024. 08:10 at 08:10This excellent website truly has all the information I needed concerning this subject and didn’t know who to ask.
카지노 검증사이트says:
07.08.2024. 20:35 at 20:35That is a great tip particularly to those fresh to the blogosphere. Short but very precise information… Appreciate your sharing this one. A must read post.
wide leg jeans suppliersays:
07.08.2024. 23:44 at 23:44Right here is the perfect webpage for anyone who hopes to understand this topic. You know so much its almost hard to argue with you (not that I really will need to…HaHa). You definitely put a brand new spin on a topic that has been written about for decades. Excellent stuff, just great.
Whitescreen56says:
08.08.2024. 08:59 at 08:59Right here is the perfect webpage for everyone who hopes to understand this topic. You understand a whole lot its almost hard to argue with you (not that I really would want to…HaHa). You definitely put a brand new spin on a subject which has been discussed for years. Great stuff, just great.
hellcase promo codessays:
08.08.2024. 16:51 at 16:51bookmarked!!, I love your website.
ngentotsays:
08.08.2024. 22:02 at 22:02Your style is so unique in comparison to other people I have read stuff from. Thanks for posting when you've got the opportunity, Guess I will just book mark this web site.
memeksays:
08.08.2024. 23:53 at 23:53Your style is really unique in comparison to other folks I've read stuff from. Thanks for posting when you've got the opportunity, Guess I will just book mark this web site.
cheap webcam sexsays:
09.08.2024. 12:37 at 12:37This site was… how do I say it? Relevant!! Finally I've found something which helped me. Many thanks.
good88says:
10.08.2024. 00:18 at 00:18I truly love your blog.. Great colors & theme. Did you make this site yourself? Please reply back as I’m planning to create my own website and want to find out where you got this from or just what the theme is called. Appreciate it.
fun88says:
10.08.2024. 07:49 at 07:49This is the perfect web site for everyone who wishes to understand this topic. You know a whole lot its almost hard to argue with you (not that I really will need to…HaHa). You definitely put a new spin on a topic which has been written about for a long time. Great stuff, just wonderful.
jeans manufacturerssays:
10.08.2024. 10:05 at 10:05Having read this I believed it was extremely informative. I appreciate you spending some time and energy to put this information together. I once again find myself personally spending a significant amount of time both reading and leaving comments. But so what, it was still worth it!
กับคุณไม่ใช่แค่ชอบ 123 พากsays:
10.08.2024. 21:25 at 21:25After I originally commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on each time a comment is added I recieve four emails with the same comment. There has to be a way you can remove me from that service? Cheers.
ซีรี่ย์ฝรั่ง stargirl season 3 ซับไทยsays:
13.08.2024. 23:36 at 23:36Very nice blog post. I definitely love this website. Stick with it!
เฉินเสี่ยวอวิ๋นsays:
14.08.2024. 07:21 at 07:21This is a really good tip especially to those fresh to the blogosphere. Simple but very accurate information… Thanks for sharing this one. A must read post.
betvisasays:
14.08.2024. 12:39 at 12:39Hi, I do believe this is an excellent blog. I stumbledupon it 😉 I'm going to revisit once again since I saved as a favorite it. Money and freedom is the best way to change, may you be rich and continue to help others.
r6 Marketplacesays:
14.08.2024. 20:20 at 20:20Oh my goodness! Impressive article dude! Thank you so much, However I am experiencing troubles with your RSS. I don’t understand the reason why I cannot subscribe to it. Is there anyone else having the same RSS issues? Anybody who knows the solution will you kindly respond? Thanks!
ซีรี่ย์เกาหลี one dollar lawyersays:
15.08.2024. 00:47 at 00:47Hey there! I just wish to offer you a big thumbs up for your great info you have got here on this post. I'll be returning to your web site for more soon.
arsenal military academy ซับไทย ep19says:
15.08.2024. 05:48 at 05:48Excellent site you've got here.. It’s difficult to find high-quality writing like yours these days. I seriously appreciate people like you! Take care!!
mystery files 1997 อาถรรพ์สองภพsays:
15.08.2024. 16:24 at 16:24Hello there! I could have sworn I’ve been to this blog before but after looking at many of the articles I realized it’s new to me. Anyways, I’m certainly happy I came across it and I’ll be bookmarking it and checking back often!
my dear brothers 2021says:
15.08.2024. 21:16 at 21:16Hi! I simply want to give you a huge thumbs up for the great information you have right here on this post. I'll be coming back to your website for more soon.
moonlight พากย์ไทย บ้านซีรี่ย์says:
16.08.2024. 01:46 at 01:46I absolutely love your blog.. Excellent colors & theme. Did you create this site yourself? Please reply back as I’m hoping to create my very own website and would like to find out where you got this from or exactly what the theme is named. Thank you.
blades dance with you บ้านซีรี่ย์says:
16.08.2024. 06:06 at 06:06Your style is very unique compared to other folks I've read stuff from. Thank you for posting when you've got the opportunity, Guess I'll just book mark this page.
earth arcade ep 6says:
16.08.2024. 10:35 at 10:35I’m impressed, I have to admit. Seldom do I encounter a blog that’s both educative and engaging, and let me tell you, you've hit the nail on the head. The problem is something too few men and women are speaking intelligently about. I am very happy that I stumbled across this in my hunt for something regarding this.
xxx อย่าแตกในนะsays:
16.08.2024. 14:50 at 14:50When I initially commented I appear to have clicked on the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive four emails with the exact same comment. There has to be an easy method you are able to remove me from that service? Thanks a lot.
euro travel guidesays:
16.08.2024. 17:44 at 17:44I like this site very much, Its a very nice place to read and find information. Euro travel guide
a life time love พากย์ไทยsays:
16.08.2024. 19:12 at 19:12Hi! I could have sworn I’ve visited this web site before but after going through many of the posts I realized it’s new to me. Nonetheless, I’m certainly pleased I found it and I’ll be book-marking it and checking back frequently.
dare to love 2021 ให้รักพิพากษา iqiysays:
17.08.2024. 10:04 at 10:04Greetings, There's no doubt that your site might be having internet browser compatibility problems. When I take a look at your blog in Safari, it looks fine however, if opening in IE, it has some overlapping issues. I merely wanted to provide you with a quick heads up! Apart from that, great blog!
grass for catssays:
18.08.2024. 01:25 at 01:25I couldn’t refrain from commenting. Perfectly written!
Editor’s choice at ItemBlast.comsays:
19.08.2024. 00:22 at 00:22Having read this I believed it was really enlightening. I appreciate you finding the time and effort to put this short article together. I once again find myself personally spending a significant amount of time both reading and posting comments. But so what, it was still worthwhile!
Peter Obisays:
19.08.2024. 12:17 at 12:17Good post. I learn something totally new and challenging on sites I stumbleupon every day. It will always be interesting to read articles from other writers and practice a little something from their sites.
prodronessupplysays:
20.08.2024. 07:31 at 07:31I like reading through a post that can make people think. Also, thank you for permitting me to comment.
old-time radio eddie cantorsays:
21.08.2024. 06:19 at 06:19Excellent blog post. I definitely love this site. Keep it up!
The New Backpage Washington DCsays:
21.08.2024. 22:04 at 22:04Spot on with this write-up, I truly believe this web site needs a lot more attention. I’ll probably be back again to read more, thanks for the advice!
แอบเย็ดน้องsays:
22.08.2024. 06:09 at 06:09Spot on with this write-up, I truly feel this website needs much more attention. I’ll probably be returning to read through more, thanks for the advice.
Destinationsays:
22.08.2024. 14:09 at 14:09Howdy, I do believe your blog might be having web browser compatibility problems. Whenever I look at your web site in Safari, it looks fine however, if opening in IE, it's got some overlapping issues. I merely wanted to give you a quick heads up! Other than that, excellent site!
EMBOSSING ROLLERsays:
22.08.2024. 23:12 at 23:12I'm excited to find this website. I want to to thank you for ones time due to this wonderful read!! I definitely appreciated every little bit of it and I have you bookmarked to see new information on your site.
คลิปหลุด yourskin33 น้องเมล สาววัsays:
23.08.2024. 07:57 at 07:57This is a topic that is close to my heart… Cheers! Exactly where can I find the contact details for questions?
strange school talessays:
23.08.2024. 13:41 at 13:41Hello there! This article could not be written much better! Going through this article reminds me of my previous roommate! He constantly kept preaching about this. I am going to forward this post to him. Pretty sure he will have a good read. Thanks for sharing!
medical badsays:
24.08.2024. 13:11 at 13:11Way cool! Some very valid points! I appreciate you penning this post and the rest of the site is extremely good.
씨알리스판매사이트says:
25.08.2024. 16:31 at 16:31Pretty! This has been an incredibly wonderful article. Thanks for providing this info.
카지노사이트says:
27.08.2024. 14:00 at 14:00Hi, I do think this is an excellent website. I stumbledupon it 😉 I may come back yet again since I saved as a favorite it. Money and freedom is the best way to change, may you be rich and continue to guide others.
ซีรีย์จีนไต้หวันซับไทยsays:
28.08.2024. 00:03 at 00:03Right here is the right web site for everyone who wants to find out about this topic. You understand so much its almost tough to argue with you (not that I personally would want to…HaHa). You definitely put a fresh spin on a subject which has been discussed for many years. Great stuff, just excellent.
bobres-iptvsays:
31.08.2024. 22:42 at 22:42Everything is very open with a really clear clarification of the challenges. It was really informative. Your website is very helpful. Thank you for sharing!
คลิปหลุดน้องบีม อาชีวะขsays:
01.09.2024. 12:37 at 12:37Way cool! Some very valid points! I appreciate you writing this article and also the rest of the website is very good.
Best Online Casinos in Malaysiasays:
02.09.2024. 03:13 at 03:13The very next time I read a blog, Hopefully it won't disappoint me as much as this particular one. After all, Yes, it was my choice to read, but I truly believed you'd have something useful to say. All I hear is a bunch of crying about something you could fix if you were not too busy looking for attention.
TS Escortssays:
03.09.2024. 06:39 at 06:39You ought to be a part of a contest for one of the highest quality blogs on the net. I will highly recommend this blog!
code de la route achetersays:
03.09.2024. 17:44 at 17:44Good article. I certainly love this website. Thanks!
ounce of weedsays:
04.09.2024. 04:53 at 04:53This is the right blog for everyone who really wants to find out about this topic. You realize so much its almost hard to argue with you (not that I really would want to…HaHa). You definitely put a new spin on a subject that has been written about for ages. Great stuff, just great.
cat 5eksays:
06.09.2024. 02:45 at 02:45This site was… how do you say it? Relevant!! Finally I have found something that helped me. Many thanks!