“MINOR“ INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS IN PRACTICE AND COMPARATIVE LAW

Abstract

The article deals with so called ,,minor“ international legal assistance in criminal matters (international legal assistance in the narrower sense) and reviews conditions for its exercising stipulated in Serbian and comparative law. ,,Minor’’ international legal assistance usually refers to conduct of procedural activities and implementation of measures such as interrogation of the accused, witnesses or experts, inspection, implementation of search and seizure of objects, surveillance and tapping of telephone and other conversation or communication, exchange of information and delivery of writs and cases, temporary surrender of a person in custody, etc. The author analyses provisions of Serbian Law on International Legal Assistance in Criminal Matters and compares them with Croatian, Italian, German and Argentinian regulation. He concludes that adoption of Serbian Law is an improvement in comparison with the old regulation, although it does not regulate in detail this issue. He notices that the basic problems with this institute are ,,procedural“ differences between rules in different countries concerning the form of such activities and measures.