Obtaining Samples in Serbian Criminal Procedure Code

Abstract

The author discusses the obtaining of samples as evidence according to the Criminal Procedure Code of Serbia. The issue explained in the paper has not been the subject of regulation of the mentioned legal text for the most part so far, until the latest comprehensive legislative reforms. With the reform, the legislator introduced three types of sampling into the criminal procedure legislation. These are: obtaining biometric samples, obtaining samples of biological origin and obtaining samples for forensic-genetic analysis. Their regulation represents a step forward in this issue, so the author, in addition to explaining the solution in Serbia, provided the views of the European Court of Human Rights, which took a position on the legitimacy of sampling and storage, as well as the privilege against self-incrimination. In addition to introductory and concluding remarks in which he made proposals de lege ferenda, the author clarified each type of sampling, and finally provided a model from practice.