The criminal act of espionage as a type of humint method in data collection

Abstract

The intelligence service is a specialized organization that provides the protection of national security and the accomplishment of national interests. It is also an instrument of state foreign policy. As such, it is always at the centre of international events. On the other hand, modern threats, such as terrorism, organized crime and corruption are difficult to overcome without the involvement of intelligence services. They use different measures, methods and procedures in their work. However, revealing individual intentions and plans of other states requires special knowledge and skills. The Human Intelligence (HUMINT) method enables the achievement of such a goal, but it is, from the aspect of the state that it is used for, illegal, thus state protects itself from it by defining it as the criminal act of espionage in its criminal law. This paper presents a comparative legal overview of the criminal act of espionage in Serbia, Montenegro, Bosnia and Herzegovina, Croatia and Hungary. We have tried to point out the situation and solutions related to the mentioned criminal act in the legislation of the neighbouring countries. In addition, the HUMINT method is very often conducted under the guise of diplomatic activities. However, diplomacy and espionage cannot be equated, so in this paper we will try to explain the difference between these activities.