CEPOL Research & Science Conference 2022 MRU, Vilnius

Ksenija Butorac

Ksenija Butorac, Full Prof., obtained her MSc degree in Forensic Sciences (1990) after a Law degree, and she obtained her PhD in Criminology (1996) at the University of Zagreb, Croatia. She has been working as a Full Professor of Criminology, Penology and Addictions at the Croatian Police College of the Ministry of Interior, also teaching at the Military Studies and at the Faculty of Education and Rehabilitation Sciences, University of Zagreb. She had professional trainings in the USA and the US Government awarded her the title of the honorary citizen of the State of Nebraska and the City of Lincoln for the active contribution in prevention, treatment and rehabilitation in the field of addiction and addicts' delinquency (2001). She completed the Programme in Advanced Security Studies at the European Center for Security Studies „George C. Marshall“ in Garmisch-Partenkirchen (2011). She was a visiting professor in Law Enforcement at the Police College in Lower Saxony, Germany and at the Faculty of Public Security, Mykolas Romeris University in Vilnius, Lithuania (2010-2016).
Her areas of research include phenomenology and etiology of the modern crime and perpetrator's profile, and especially drug related crime, juvenile delinquency, organised crime and terrorism. She has published over 50 peer-reviewed academic papers and book chapters. She is enlisted in the database of lecturers, experts and researchers of the CEPOL for education and training of higher police officers in the EU. She is included as an expert in the TAIEX database of the European Commission for the chapters Social Security and Justice and Home Affairs.
She is an editor of the Journal of Forensic Sciences and Criminal Investigations, USA and the co-editor of the official electronic periodical of CEPOL - European Law Enforcement Research Bulletin as well. Her professional profile can be found on Linkedin, Google Scholar Author Profile and ResearchGate.

Contact Details:

Ksenija Butorac, Full Prof
Police University College, Ministry of the Interior, Avenija G. Šuška 1, Zagreb 10000, Croatia
Email: ksenija.butorac@gmail.com; kbutorac@fkz.hr;
Phone: +385 1 2426 340; +385 91 560 8417


Sessions

06-10
09:00
20min
Evidential validity of video surveillance footage in criminal investigation and court proceedings
Ksenija Butorac

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.

• Challenges of Fundamental Rights and Civic Expectations towards law enforcement and law enforcement officials in the Digital Age
Panel Room III - I-408