Evidential Validity of Video Surveillance Footage in Criminal Investigation and Court Proceedings

Abstract

The paper analyzes several aspects of the video surveillance system application, starting from the prevention of misdemeanors and crime according to the Council Decision on the establishment of the European Crime Prevention Network. The second aspect relates to the use of video surveillance systems in the misdemeanors and crime investigation, and the third one relates to the evidential value of video surveillance systems in court proceedings. For this purpose, the case law analysis of the highest level was made, namely of the High Misdemeanor Court, the Supreme Court of the Republic of Croatia and of the European Court of Human Rights through case studies. The paper discusses the evidential value of the footage important for criminal investigation. However, the central issue is a question whether digital evidence in the form of video surveillance can be decisive in court proceedings or not, since no court order is required as it for other evidentiary actions. The paper proposes solutions de lege ferenda given that video surveillance systems are becoming more widespread and have proven to be very effective in criminal investigation, but, contextually speaking, also in procedural terms. The respective contextual approach requires the interpretation of current case law emphasizing that the content and significance of the footage in court proceedings must be perceived as a whole and that besides the right of defense, the public and the victim’s interests are to be taken into account.