Milana Pisarić

Milana Pisarić
University of Novi Sad Faculty of Law

Juris Doctor

About

39
Publications
713
Reads
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7
Citations
Additional affiliations
December 2008 - present
Novi Sad Faculty of Law University of Novi Sad
Position
  • Assistant with Ph.D.

Publications

Publications (39)
Article
Due to novel technology solutions, primarily peer­to­peer, encryption and service providers located abroad, the ability of the law enforcement agencies to execute legally authorized traditional (even special) investigatory means is becoming increasingly problematic. Communication encryption, particularly end­to­end encryption in smartphone applicat...
Article
In detecting criminal offences, the police increasingly rely on electronic evidence. Due to ubiquitous digitization, data in electronic form with probative potential is found in an increasing number of sources. When the competent authorities need to collect potential electronic evidence from mobile phones, they face several normative and practical...
Article
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The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the p...
Conference Paper
Full-text available
Strong encryption is of great importance to digital economy and digital privacy. At the same time the use of encryption by criminals was recognized by Europol and national law enforcement authorities as a significant challenge for detection аnd investigation of cybercrime and cyber-facilitated crime, rendering traditional investigative techniques i...
Article
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Search at a lawyer's office and seizure of certain objects found on that occasion for the purposes of criminal proceedings in Germany are carried out with certain legal restrictions, which serve as a procedural safeguard of confidence between lawyer and party. In addition, some criteria have been created in case law to justify intervention in this...
Article
Full-text available
Encryption has become an integral part of modern life. It is without a doubt of great importance for the realization of some of the basic human rights in the ubiquitous technical environment, for the daily use of numerous online services, as well as for the functioning of the Internet in general. On the other hand, the authorities in charge of dete...
Article
Full-text available
Possession of accurate, complete and reliable relevant data on electronic communications traffic and timely access of authorized competent state bodies to such data is without a doubt a useful tool in the fight against modern forms of crime. For that reason, it is justified to establish an obligation for providers of electronic communications servi...
Conference Paper
Full-text available
A lawyer's duty of professional secrecy is the cornerstone of confidence relationship. The search and seizure at a lawyer's office for the purpose of criminal procedure may have repercussions not only on the interest of clients, but on the proper administration of justice. For this reason, law should protect the lawyer's duty of professional secrec...
Article
Full-text available
Pretresanje advokatske kancelarije za potrebe krivičnog postup-ka nije zabranjeno. Štaviše, apsolutna i bezuslovna zabrana pretresa-nja bi bila neodrživa i nepoželjna u pravnom sistemu koji se zasniva na vladavini prava. Kako se ne radi o prostoj intervenciji u poslov-ni prostor, nego se njome dovodi u pitanje zaštita odnosa poverenja iz-među stran...
Article
Full-text available
Conference Paper
The right to privacy, especially the element of communication privacy, as well as right to data protection could be limited only to protect the general interest and this limit should be proportionate and determined by law. In this regard, the question is to what extent and in which cases these rights can be justifiably restricted. In this paperwork...
Article
Every person has the right to privacy and protection of personal data and these rights may be restricted only in order to protect the general interest or the preservation of important values in society. If there is a certain degree of suspicion that a person committed a criminal offense, the competent authorities are authorized to limit his/her pri...
Article
Full-text available
One of the current and important issues of criminal procedural law is a matter of accepting evidence gathered abroad and of their possible use in criminal proceedings. In this paper, author analyzed a tendency within European Union, as an organization of which member the Republic of Serbia aspires to become, of extending the effect of the principle...
Article
Full-text available
Modern forms of criminality whose hallmark is crossborder set new requirements before judicial authorities relating to the recruitment and transfer of evidence for the purposes of criminal proceedings. On the recruitment and transfer of evidence in criminal matters affecting space validity of criminal legislation, the way regulation of internationa...
Article
Full-text available
The behavior of juveniles, particularly the unauthorized one, is always in the focus of scientific, professional and general public interests because it is an indicator of performance of measures by which a society takes care of the young. Though the negative part of social reality, juvenile crime deserves special attention because the return of th...
Article
Full-text available
Certain evidence in certain cases can not be used to establish the facts in criminal proceedings, in the sense that the court judgment is based upon them, because such evidence are by the nature or the way of acquiring them contrary to certain rules. Since the Criminal Procedure Code regarding the illegal evidence remained somewhat vague, and that...
Article
Full-text available
In order to address the specific nature of criminal activities committed using computer networks and systems, the efforts of states to adapt or complement the existing criminal law with purposeful provisions is understandable. To create an appropriate legal framework for supressing cybercrime, except the rules of substantive criminal law predict ce...
Article
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Purpose: This paper deals with specialized cybercrime units within the criminal justice system as one of the key elements of proper response to cybercrime. The author emphasizes the need for the establishment and/or improvement of such an organization with specific powers within law enforcement and prosecution authorities as well as within courts,...
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Over the past decade, the problem of used and discarded electrical and electronic devices is increasingly in the focus of governments', NGOs' and the media's attention. In addition to concerns about the volume of waste and the potential risks to human health and the environment from improper management, a topic that has caused the most concern is t...
Article
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Certain aspects of cyber crime represent the essence of the problems that authorities prosecuting crimes committed by abuse of information technology face everyday. All these specific features of cyber crime must be taken into consideration in order to understand and overcome difficulties in investigation and prosecution of crimes and trial of perp...
Article
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Sexual abuse and exploitation of children is a serious violation of the basic rights of a child and child pornography on the Internet represents specific harmful content, whose existence and expansion can not be possibly about the freedom of opinion and expression. The fight against child pornography on Internet includes criminalization of certain...
Article
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The detection, investigation and prosecution of crimes against the environment has its specificity compared to other forms of crime, because of the nature of these crimes, the manner of execution (modus operandi) and the characteristics of their perpetrators. Although there is no objective need for modification of the rules of criminal procedure wi...
Article
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It is estimated that the international trade in wild plants and animals annually worth several billion dollars, hundreds of millions of species are traded: live specimens of animals and plants and products derived from them, including food products, exotic leather products, wooden musical instruments, timber, souvenirs, drugs, cosmetics and more. P...
Article
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Without certain adjustments to specifics of computer crime, as to a phenomenon of global proportions, detection, investigation and prosecution of this type of crime is almost impossible. Therefore, the need for setting up a legal framework for combating cyber crime has been identified, in order to define which activities related to information syst...
Article
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Environmental crime is a serious and growing international problem, and one which takes many different forms. It is not limited to criminals polluting the air, water and land and pushing commercially valuable wildlife species closer to extinction; it can also include crimes which speed up climate change, destroy fish stocks, annihilate forests and...
Article
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U krivičnom postupku sud je dužan da istinito i potpuno utvrdi činjenice koje su od značaja za donošenje zakonite odluke. Cilj kri-vičnog postupka jeste utvrđivanje istine (kroz istinito i potpuno utvrđeno činjenično), jer se samo na potpuno i istinitom činjeničnom stanju može zasnovati pravilna i zakonita odluka suda. Za utvrđivanje činjenica koje...
Article
Full-text available
Sažetak: Treći stub Evropske unije zasniva se na policijskoj i pravo-sudnoj saradnji u krivičnim stvarima. Da bi prekogranična policijska i pra-vosudna saradnja bila efikasna, od suštinskog je značaja da se između nad-ležnih organa država članica potrebne i precizne informacije mogu razme-njivati brzo i efikasno, a da bi se takva razmena mogla obav...
Article
Full-text available
Zbornik radova Pravnog fakulteta u Novom Sadu, 2/2009 519 Pregledni članak 004.6:343.3/.7 Milana Pisarić, saradnik u nastavi Pravnog fakulteta u Novom Sadu ELEKTRONSKI ZAPISI KAO DOKAZI U KRIVIČNOM POSTUPKU Sažetak: S dostignućima tehnike i tehnologije razvile su se i nove mogućnosti i metodi zloupotrebe istih, među kojima posebno mesto zauzima kom...

Projects

Project (1)
Project
The project aims to acquaint the wider academic community and civil society with the need to harmonize national rules of criminal procedure with EU rules, as well as with the importance of information technology in achieving this goal.