Collection Of Evidence Research Articles

Peculiarities of the specialist's participation in the search during the investigation of appropriation, waste of property or its possession by abuse of official position

The procedural and organizational-tactical bases of the involvement of a specialist in a search in criminal proceedings on the appropriation, embezzlement of property or taking possession of it by abuse of official position are investigated. Data from official statistics testify to the low quality of investigations into official embezzlement in Ukraine. The main subjects investigating the criminal offense provided for in Article 191 of the Criminal Code of Ukraine are investigators of the National Police. Accordingly, a forensic specialist of the National Police or a forensic expert of the Expert Service of the Ministry of Internal Affairs is most often involved in the search in such criminal proceedings. Emphasis is placed on the mandatory participation of a specialist during the search in the investigation of official embezzlement with the aim of continuous video recording of its progress in the event that witnesses cannot participate. The factors that are guided by the investigator when determining which specialist should be involved in the search are highlighted. It was concluded that in the studied category of criminal proceedings, it is advisable to involve specialists from various fields in the search, whose functions will depend on the stages of the investigative (search) action. The joint actions of the investigator and the specialist at the preparatory, working and final stages of the search are revealed. The recommendation to involve in the search the specialist who participated in the previous procedural actions was supported. Proposals have been made to engage relevant specialists to inspect computer equipment and extract electronic (digital) information. The procedure for removing electronic (digital) information at the scene of a search in criminal proceedings on the appropriation, waste of property or possession of it by abuse of official position has been revealed. It was emphasized that in criminal proceedings under Article 191 of the Criminal Code of Ukraine, specialists during a search: use scientific and technical means to identify certain objects, their hiding places; recognize the essence of objects, things, documents, examine them beforehand; provide consultation and reference assistance regarding the collection of evidence, the appointment of examinations for the identified objects; technical means are used to record the progress and results of the search.

Evidentiary value and evidentiary status of blockchain evidence

Blockchain evidence is a technical method for evidence storage, transmission and fixation. Its evidential value has a dual nature, reflected in the fact that it cannot be absolutely tamper-resistant, can only provide periodic assurance of evidence authenticity and the commonly used consortium chains do not possess all the benefits of public chains. Simultaneously, blockchain evidence occupies a unique status within the entire evidence system, it serves as an evidentiary storage mechanism, is essentially an electronic evidence reflecting both the evidence collection process and outcome and its notarisation and forensic examination documents are a type of opinion evidence. It is evident that blockchain evidence does not emerge in a vacuum, rather than serving as a mere replacement for traditional evidence, blockchain evidence represents an upgrade in the functionality and effectiveness of traditional evidence. From this perspective, the improvement of blockchain evidence rules should align with the basic position of ‘technological neutrality’, which means that although technological evolution can lead to rapid changes, legislators are not always required to cater to these dynamic demands. It is essential to distinguish between on-chain and off-chain when addressing issues of authenticity, hearsay and originality, and improvements proposing should within the frameworks of existing electronic evidence rules and opinion evidence rules, thereby unlocking the potential of blockchain evidence.

Men after the sexual assault: The journey from medical service to court

BackgroundThere may be significant physical and psychological consequences and impacts for males who experience sexual assault as adults, however, published literature in this context is sparse, specifically for the investigative outcomes in the criminal legal process. MethodThis clinical audit tracked 138 adult males who presented for forensic and medical sexual assault care from initial presentation to ACT Police investigation and court outcome from 2004 to 2022. ResultsThere were 103/138 (74.6%) males who attended for medical and forensic care within 72 h of the reported assault. Pre-existing mental health conditions were self-reported in 59/138 (42.7%) males.Nearly half of males 67/138 (48.5%) had a medical evidence kit collected. Males presenting for medical care 44/138 (31.2%) went on to report to ACT Policing, 36/44 (81.2%) of cases did not proceed to court. The most common clearance type was inadequate evidence to proceed (17/44, 38.6%).In 8/44 (18.2%) of adult male cases who subsequently reported to ACT Police, the investigation resulted in entry to the judicial process with a suspect charged with a sexual offence. Five of those cases resulting in a conviction. ConclusionsMany adult male patients presented within timeframes that enabled the provision of time critical medical care and provided an opportunity for forensic medical evidence collection. Many adult males 59 (42.7%) self-reported pre-existing mental health conditions upon initial presentation.Attrition occurred throughout the patient journey with many males not reporting to police and thus not presenting in the legal process. This further emphasises the need for independent sexual violence patient advisors to support adult male victims through the medical and criminal justice process.

A methodological framework for rigorous systematic reviews: Tailoring comprehensive analyses to clinicians and healthcare professionals

Systematic reviews represent a fundamental study design, providing the highest level of evidence across diverse research inquiries, encompassing both public health and clinical research and practice. However, for healthcare professionals, the process of selecting, synthesizing, and interpreting evidence can be challenging, and requires specialized skills. Therefore, it is imperative to explore innovative solutions aimed at simplifying and making the traditional systematic review process more accessible while ensuring the validity and reliability of results.In this perspective, our research objective is to develop a systematic review framework that, while maintaining a rigorous methodological approach, streamlines the process for healthcare professionals. This study describes such approach in every phase, from the collection of evidence to the writing of the text, creating a guide for the healthcare professional who approaches this type of research. The qualitative and organizational analysis tools are also described, providing useful information for the use of non-paid programs.This systematic review aims to develop a framework with a rigorous methodological approach that allows simplify the process for clinicians and healthcare professionals. The implementation of this methodology in clinical practice offers new perspectives to ensure a thoughtful consideration and application of scientific evidence and opens the way to innovative and easily accessible solutions to facilitate the conduct of systematic reviews in the clinical care setting.

Precision touch DNA sampling on plastic bag knots for improved profiling of packer and holder contributions

In forensic DNA analysis, evidence sampling stands as a pivotal step setting the ground for the quality of the forensic profiling. The collection of touch DNA from objects, when guidelines are scarce or absent, is usually governed by ad hoc decisions based on the available case circumstances. In our laboratory, in the context of illicit drug-related crimes, similar objects are frequently encountered, offering an opportunity for the standardization of evidence treatment. This study aims to develop an effective method for sampling touch DNA from knots on plastic bags. We examine both the exposed and hidden areas of knots, considering the latter as "protected" zones less likely to accumulate biological material during subsequent handling. The study contrasts a single sample method (whole knot surface sampling, Method 1) with dual-sample methods that separate exterior (exposed) and interior (hidden) surfaces of the knot. Notably, our study consistently reveals higher DNA yields from exterior surfaces of the knots as opposed to interior samples. Importantly, our findings demonstrate that utilizing a single sample may produce DNA profiles that are not interpretable, while employing a dual-sample approach may allow for the differentiation between the genetic contributions of the person who tied the knot, the packer, from the person who held the package, the holder. We have refined the dual-sample method to reduce holder DNA in the interior sample while maintaining it on the exterior, also allowing the packer's DNA to be detected on both surfaces. We explore four dual-sample collection methods. Method 2 involves taking the first sample from the exterior and the second from the interior of an untied knot. Method 3 visually differentiates between the original exposed and hidden surfaces for precise sampling. Method 4 employs tools to open the knot for interior sampling. Method 5 uses Diamond dye to highlight cell-free DNA on both surfaces before sampling. In conclusion, this study not only clarifies the complex dynamics of touch DNA transfer and collection on plastic bag knots, but also offers insights into standardizing evidence collection in similar cases.

Содержание и значение некоторых основных элементов криминалистической характеристики организации незаконной миграции

The article covers the content of key elements of the criminalistic characteristics of organization of illegal migration and the meaning of such elements for the investigation (Art. 322.1 of the Criminal Code of the Russian Federation). The author arrives at a justified conclusion that knowledge of special aspects of such elements gives a criminal case investigator an opportunity to evaluate correctly the investigative situation at hand, develop and implement an algorithm of investigative and other procedural actions aimed at collection and recording of evidence of the committed crime.

The importance of taking evidence as part of the court proceedings

This paper delves into the critical role of evidence collection within the civil judicial process, underlining its significance as a fundamental cognitive task through which courts establish the factual and legal foundations of disputes. By dissecting the civil process's aim and purpose, the study emphasizes the necessity of gathering evidence as a cornerstone for rendering just and equitable decisions. It explores the intricate balance courts must maintain in exercising judicial discretion and strategy, focusing on the adjudication process's nuanced requirements for determining the relevance and admissibility of evidence. The distinction between contentious and non-contentious proceedings is examined to underscore the dynamic procedural responsibilities that parties face in proposing evidence, alongside the court's authority to direct further evidence collection. This analysis extends to the constitutional and procedural underpinnings that frame the principles of free evidence evaluation against the backdrop of ensuring a fair trial, highlighting the judiciary's critical role in upholding justice while navigating factual intricacies. Further, the paper investigates the ramifications of recent legal reforms in Slovakia for evidence collection practices, illustrating how procedural law modifications are geared towards augmenting the civil process's efficiency and fairness by recalibrating the judiciary and participatory roles. Additionally, the evolving jurisprudence on evidence is scrutinized, elucidating the paramount influence of supreme judicial decisions in setting guiding precedents for lower courts. These precedents, in turn, inform approaches to evidence collection, significantly impacting the landscape of civil litigation in Slovak Republic. Through this comprehensive exploration, the paper seeks to illuminate the essential functions and evolving dynamics of evidence collection in the civil judicial system, thereby contributing to a deeper understanding of its pivotal role in achieving judicial fairness and correctness.

Diskursus Anak Penderita Gangguan Jiwa Sebagai Korban Tindak Pidana Kekerasan Seksual Dalam Periskop Penegakan Hukum

Cases of sexual violence against children, especially those with mental disorders, are a serious problem that requires attention in law enforcement and child protection in Indonesia. In this context, the lack of regulations that specifically regulate the protection of children with mental disorders creates obstacles in handling cases and protecting victims. The problem raised in this research is: how is the law enforced for criminal acts of sexual violence committed against children with mental disorders and what efforts are made by investigators in this case to fulfill the rights of victims. This research is directed towards empirical legal research and the approach used in this research uses a statutory approach and a case approach. This research was carried out at Gorontalo Police. The results of the research and discussion explain that the law enforcement process for criminal acts of sexual violence against children who also experience mental disorders involves a series of steps that take into account the special conditions of the victims. Namely, the fulfillment of the victim's rights as a child with mental disorders, including: during the investigation and inquiry process the victim continues to be accompanied by P2TP2A, Social Services, psychologists and psychologists. This proves that the child is being looked after so that there is no trauma after the incident. In Indonesia there are no regulations that explicitly regulate this matter so investigators still use Article 81 paragraph 1 in conjunction with Article 76 e or Article 82 paragraph 1 in conjunction with Article 76 e of Republic of Indonesia Law No. 17 of 2016 concerning the Determination of Government Regulations in Lieu of Republic of Indonesia Law No. 1 of 2016 Regarding the 2nd Amendment to Republic of Indonesia Law No. 23 of 2002 concerning Child Protection into Law in conjunction with Article 64 paragraph 1 to 1 of the Criminal Code. With the general stages of the law enforcement process, namely, Reporting, Investigation, Examination of Victims, Collection of Evidence, Determination of Suspects, fingerprinting process, and then it is handed over to the prosecutor's office for the court process.

Toward social media forensics through development of iOS analyzers for evidence collection and analysis

SummarySocial media usage in mobile phones has increased substantially in recent times, and they are a critically important source of a forensics investigation. In this paper, we have developed Python‐based forensic analyzers that are integrated with the open‐source tool Autopsy. The proposed analyzers find forensic artifacts from the three most widely used social media messaging applications, that is, WhatsApp, Instagram, and Facebook Messenger. This research focuses on finding forensic artifacts stored by these social media applications on an iOS device. These analyzers extract data critical for a forensic investigation such as text messages, media attachments, sender and receiver details, timestamps, contact information, and other related forensics data from the full file system image of iOS devices. These Python‐based plugins extract the required data from the social media applications' databases and present the evidential artifacts in a human‐readable format. We integrated these analyzers into the Autopsy Forensics tool and showcased the gathered evidence so that investigators are capable to analyze the extracted information effortlessly. The data integrity is maintained by converting it into readable form without permanently altering the database format. The results prove that the proposed analyzers can successfully extract and analyze forensics data at a low computational overhead.

THE DEVELOPMENT OF ROYAL THAI POLICE CRIMINAL CASE INVESTIGATION SYSTEM AND CRIMINAL BEHAVIOR ANALYSIS CONCEPTS

Purpose: The aim of this study is to investigate the effectiveness of the violent criminal investigation system used by the Royal Thai Police technology. Theoretical framework: This study explores the effectiveness of the Royal Thai Police's violent criminal investigation system. It uses a theoretical framework that includes criminal investigation theory, criminal behavior analysis, forensic psychology, and police technology. The framework focuses on crime scene analysis, evidence collection, suspect identification, and case management. It also explores criminal behavior analysis, which focuses on understanding offenders' motivations, patterns, and psychological characteristics. Forensic psychology is used to understand the psychological aspects of criminal behavior and its implications for investigative procedures. The study aims to identify strengths and weaknesses, propose improvements, and contribute to the development of more robust investigative practices. ...

Model of Judicial Management of Evidence-Taking Proceedings in the Italian Civil Trial (Cartabia Reform)

Abstract The article presents a model of judicial management of the evidence-taking proceeding in the Italian civil procedure following the reform introduced by Law No. 206 of 26 November 2021, implemented, inter alia, on 28 February 2023 and 30 June 2023 by means of Legislative Decree No. 149 of 10 October 2022 (the reform was named riforma Cartabia after its author, former Minister of Justice, Marta Cartabia). Post-reform, the model has become significantly formalised and more detailed, limiting the judge’s decision-making freedom in organising proceedings. From the perspective of the principle of procedural material concentration and judicial management of the evidence-taking proceeding, the preliminary stage is critical: from the plaintiff’s summons of the defendant to court (in ius vocatio), which is essentially a lawsuit, to the hearing for the first appearance of the parties and case verification. At this stage, parties are required to present facts, legal elements of a claim, means of evidence, and all defence arguments in their pleadings within statutory deadlines. The subsequent stage of collecting procedural material important for the case resolution is a hearing scheduled for the first appearance of the parties and verification of the case (often termed ‘a preliminary hearing’). Here, the judge freely questions the parties and, based on the presented facts, clarifies matters necessary to resolve the case. After questioning the parties, the court may decide to conduct a conciliation proceeding. If not, the judge rules on the parties’ evidence-related motions and, considering the nature, urgency and complexity of the case, sets a timetable for subsequent hearings and specifies actions to be taken at each. A hearing intended for the taking of evidence must be scheduled within 90 days. The court may also rule on taking evidence ex officio. Then, according to the timetable developed, the judge takes evidence. The final stage of an ordinary proceeding occurs when the judge determines that the case is mature enough for resolution because it has been appropriately and definitively prepared, and the necessary evidence has been collected, or there is no need for further evidence collection. One tool for managing an evidence-taking proceeding may include the so-called abuse of procedural law. The Italian civil procedure does not explicitly regulate this issue. The concept of abuse of procedural law has been defined in case law and doctrine. However, procedural regulations mandate acting in court according to the principle of honesty and loyalty, with various sanctions stipulated for conduct that violates this rule, such as the obligation to pay compensation, reimburse trial costs, or imposition of a fine.

WARNE: A stalkerware evidence collection tool

Intimate partner violence (IPV) is a form of abuse in romantic relationships, more frequently, against the female partner. IPV can vary in severity and frequency, ranging from emotional abuse or stalking to recurring and severe violent episodes over a long period. Easy access to stalkerware apps helps foster such behaviors by allowing non-tech-savvy individuals to spy on their victims. These apps offer features for discreetly monitoring and remotely controlling compromised mobile devices, thereby infringing the victim's privacy and the security of their data. In this work, we investigate methods for gathering evidence about an abuser and the stalkerware they employ on a victim's device. We develop a semi-automated tool intended for use by investigators, helping them to analyze Android phones for potential threats in cases of IPV stalkerware. As a first step towards this goal, we perform an experimental privacy and security study to investigate currently available stalkerware apps. We specifically study the vectors through which vulnerabilities found in stalkerware apps could be exploited by investigators, allowing them to gather information about the IPV services, IPV abusers, and the victims' stolen data. We then design and implement a tool called WARNE, leveraging the identified flaws to facilitate the information and evidence collection process. In our experiments, we identified 50 unique stalkerware apps and their corresponding download websites that are still reachable, including one available on the Google Play Store. Among these apps, we found 30 that were free or offered a free trial. We enumerated and experimentally verified several invasive capabilities offered by these apps to clearly identify the severe privacy risks posed by them. We also found that most stalkerware apps store private information locally on the compromised device, potentially giving away information about the abuser. Our evidence-gathering tool found data related to the abuser and/or the stalkerware company, such as account credentials, dashboard URLs, and API tokens in 20 apps out of 30 tested apps. We hope our tool will help IPV victims and investigators against the growing threat of stalkerware abuse.

The Situation of DNA Analysis in the Police Regional Office – Cordillera

The objectives of this study were to look into the situation of DNA analysis in the country in terms of its application in solving and preventing crimes and to identify the problems encountered and best practices of PNP DNA Laboratory Division. After knowing the situation, problems encountered, and best practices the researcher proposed an action plan in order to try and contribute to the effectiveness and efficiency of the division. 
 This study used qualitative-case study approach through thematic analysis. Two (2) participants were chosen as participants from PNP- Regional Forensic Unit COR. The study utilized the interview as the data gathering tool. The interview was done through face-to-face meeting. The main themes that came about in this study about the problems they encountered are: backlogs of cases; lack of reagent for testing; insufficient equipment and facilities in DNA laboratories; and unfamiliar recognition/evaluation and collection of field investigators to DNA evidence. The main themes that came about in this study about their best practices are: case prioritization; peer tutoring and supervision; diligent care for the equipment; and open communication to the stakeholders. 
 Based on the findings of the study, the researcher arrived at the following conclusions: 1. The DNA Analysis in PNP-Regional Forensic Unit-Cordillera cannot facilitate the testing and analysis of DNA specimen submitted as evidence due to lack of equipment. 2. Due to the increasing demands for scientific-based investigation using DNA profiles the need for additional DNA analysts and supplemental reagents increases. Because of the surge of demands, problems in the supply of reagents used for testing and analysis of DNA is prevalent. This insufficient supply of reagents leads to burdensome piling of cases. 3. The case prioritization is because of the overzealous evidence collection during the conduct of crime scene processing, in which giving priority to the processing of specimens of DNA reference standards for cases that are expected to have a definitive result may reduce the wastage of reagents and resources which will greatly contribute to the purpose for which DNA testing is intended.

Epistemic Injustice at the ICC?

Abstract This article empirically assesses the role third-party evidence has played in the Office of the Prosecutor’s (OTP) initiation of an investigation into the Afghanistan Situation at the International Criminal Court (ICC). After finding that most of the evidence upon which the OTP relied in its request to initiate an investigation is from third parties, this article classifies and ranks the categories of third party upon which the OTP relied. Critically analysing the OTP’s use of third-party sources, this article uncovers the way potential biases towards dominant languages, affluent locations and prestigious institutions influence the choice of which information to use as evidence, possibly evincing an epistemic injustice at the OTP. Heeding Naz Modirzadeh’s call to use Third World Approaches to International Law (TWAIL) to empower Global South states, this article concludes with recommendations to the OTP and third parties on how they can maximize their collaboration while avoiding capitulation to the politics of exclusion. In addition, the article’s findings reveal opportunities for stakeholders to enhance evidence collection and use by particular third-party categories in Afghanistan and in similar situations.

UNVEILING THE SPECIALISED REALM OF FORENSIC NURSING IN INDIA

This review article delves into the multifaceted field of forensic nursing, scope of the forensic nursing, examining the pivotal role these professionals play at the intersection of healthcare and the legal system. Through an in-depth analysis of key literature, we explore the scope of forensic nursing, eligibility criteria, diverse responsibilities of forensic nurses, their impact on patient care, evidence collection, challenges, opportunities for forensic nurses and their crucial role in the judicial process in Indian context.

Study on the Examination and Judgment of WeChat Record-type Evidence in Criminal Proceedings

In order to solve the problems existing in China at present in the examination and judgment of WeChat record evidence, this paper is based on the relevant laws and regulations in Chinese criminal procedure law, analyze the examination and judgment mechanism of WeChat record evidence, namely, the authenticity examination of the content, original data and storage medium, the relevance examination of WeChat record evidence to examine whether the content of WeChat record evidence is related to the facts to be proved and the legality review of the subject of the evidence, the way of the evidence and the procedure of the evidence collection. The legality review of the subject of the evidence collection, the way of evidence collection and the procedure of evidence collection. On this basis, it further analyzes the problems existing in the current mechanism, and provides certain methodological reference for improving the examination and judgment of WeChat record evidence.

Implementation of Parenting Programs and Its Impact on Parents' Participation in Aisyiyah Pancor Integrated PAUD

The purpose of this qualitative research is to describe the planning, implementation, evaluation and impact of parenting programs conducted by school principals, teachers and committees of Aisyiyah Pancor Integrated PAUD on parent participation. The research approach used is a qualitative approach using descriptive methods. The survey was conducted at PAUD Terpadu Aisyiyah Pancor, Selong District. The researcher and the resource person have the same position here, therefore the resource person not only provides an answer to what the researcher is asking, but he can choose the direction and taste in presenting the information he has. The data collected through interviews (interviews), observation (observation) and documentation (evidence collection, selection, processing and information storage). The data collection techniques used were in-depth interviews, observation and documentation. The data validity test in this study includes test, credibility (interbal validity), transferability (external validity) and reliability (reliability) and confirmability (objectivity). The results showed that the implementation of planning, implementation and evaluation of parenting programs in PAUD Terpadu Aisyiyah Pancor went well. The impact of the parenting program is to be able to stimulate parental participation, applying different behaviors of children in the daily life seen from different aspects, such as education-friendly, health-friendly, care-friendly, care-friendly, food-friendly and protection-friendly, causing a change the parental behavior occurs in the education, care, care and supervision of children in the family

Working Together for Better Health: A United Effort to Support the National Strategy for Drugs for Rare Diseases in Canada


 February 29 is Rare Disease Day — an occasion that inspires action and solidarity to address the challenges and opportunities of rare diseases.
 To address the issues faced by patients with rare diseases, in March 2023, the Government of Canada announced a national strategy for drugs for rare diseases, with an investment of up to $1.5 billion over 3 years.
 The strategy aims to increase the accessibility and affordability of drugs for rare diseases for patients across Canada.
 CADTH-led initiatives are primarily related to improving the collection, use, and quality of evidence to inform and support decision-making.

상해보험에서 인과관계와 증명책임

The ruling deals with a case in which a dead person is diagnosed with spinal disorders and dementia at a hospital after a fall, and the airway is blocked during a meal. He usually suffered from myocardial infarction. In this case, it became an issue that the evaluation of impairment of various hospitals conducted to judge the causal relation between the accident and the result of the disability and death of the insured in the casualty insurance contract joined by the plaintiff. In order to judge the disability caused by the disaster, the court of first instance designated one hospital and applied for a fact inquiry. The causal relation between the fall accident and the disability of the deceased was denied because of the result of the fact inquiry of the hospital and the dead person’s previous symptoms. The Court of Appeals and the Supreme Court accepted the judgment of the Court of First Instance. However, it is difficult to understand the judgment of the court that there is no causal relation between the fall accident and the disability without various evidence collection procedures. On the other hand, the first court and the appellate court ruled that there is a direct connection between the suffocation and death of the dead man, while the Supreme Court denied it and ordered the reversal. The opinions of the hospital and the National Forensic Service, which judged the cause of death of the deceased, were contradictory. In addition, the results of the fact-finding of two hospitals conducted during the proceedings were also contradictory. Nevertheless, the decision to conclude that the cause of death was suffocation in the lower court trial is not convincing. In this way, despite the fact that the results of fact-finding of various hospitals in relation to the disability and death of the deceased are incompatible with each other, it is beyond the limit of free evaluation of evidence that the court ruled without observing the empirical or logical laws and ignoring the evidence trial. Therefore, I am in favor of the Supreme Court's order of reversal on the death caused by the disaster of the lower court, but I am opposed to the acceptation of the lower court's decision on the claim for disability.

PROVING ANTITRUST DAMAGES IN CIVIL PROCEEDINGS – The Compatibility of Serbian Law with Directive 2014/104 –

Private competition law enforcement has been a recent phenomenon in the European Union. In the past, the EU law and member states’ national laws lacked elements that contributed to the preponderance of private enforcement in the United States, such as treble and punitive damages, the procedural right of a damaged party to request discovery of evidence, collective actions, etc. The interest in private enforcement of competition law has gradually increased after Regulation 1/2003 authorised national courts to implement Articles 101 and 102 TFEU, the EU courts established private enforcement principles, and Directive 2014/104 (Antitrust Damages Directive - ADD) laid down rules to facilitate proving competition law violations and damage resulting from them. The US model evidently inspired the EU legislator. At the same time, ADD attempted to balance the private interests of injured parties and the public interest for effective public enforcement. Specific ADD provisions instigated a public debate concerning their reach and alleged confrontation with general legal principles. Even though member states have taken comprehensive measures to implement ADD, national courts need to search for an equilibrium between private and public interests. Therefore, the full effect of Directive 2014/104 is yet to be seen. Private enforcement of competition law in Serbia is still in its initiation phase. The Serbian Competition Protection Act 2009 proclaimed the right of damaged persons to bring actions for damages, even though this right has already existed under the general rules of civil law. The Competition Protection Act failed to stipulate material conditions and procedural rules that would facilitate private enforcement. The Serbian legislator has not yet taken steps to transpose ADD into national law. This paper first analyses the development and principal features of the US and EU private enforcement models. After that it focuses on the ADD provisions expediting evidence collection and damage assessment. The second part of the paper analyses Serbian tort and civil procedure rules relevant to bringing actions for antitrust damages and case law on antitrust damages. The author concludes with proposals for Serbian legislators to harmonise national law with ADD.