Search as an Evidentiary Action in the Law and Case Law of the Republic of Serbia

Abstract

The paper examines the evidentiary action of search, focusing on its normative framework and legal nature, as well as on selected examples from judicial practice. Particular attention is given to the standards developed through the case law of the European Court of Human Rights, given that search constitutes an interference with the right to respect for private and family life guaranteed by Article 8 of the European Convention on Human Rights. Since search produces procedural evidence essential for resolving the causa criminalis, the paper further considers the circumstances under which a search may be deemed lawful or unlawful, and when evidence must be excluded from the case file.