CRIMINAL LAW FRAMEWORKS AND APPEARANCE FORMS OF ESPIONAGE

Abstract

The author researches criminal law aspects and appearance forms of espionage. After the theoretical determination of the phenomenological limits of espionage, the author's attention is methodologically directed to the legal solutions of the criminal legislation of Germany, France, Italy, Great Britain, Sweden, Switzerland, the Russian Federation, Japan, India, Egypt, the United States of America and Brazil. Then the author's research focus shifts to the national criminal legislation that includes the phenomenon of espionage as an illicit, illegal and incriminated activity. The analysis of the criminal offense of espionage, in this work, implies its normative positioning and determination in relation to other illegal activities from the group of criminal offenses against the constitutional order and security of the Republic of Serbia. The author directs the final research steps towards getting to know the international forms of the espionage phenomenon in accordance with the given normative guidelines. Therefore, the international forms of espionage will be shown in the sphere of political, military and economic interests of the Republic of Serbia being connected to the matter of its security and defense. In the very concluding thoughts, the author reflects on the need to amend the criminal law provisions which, in the normative system of national legislation, determine the existence of the criminal act of espionage in relation to its conceptual boundaries and modalities.