Publication details
Prostorové odposlechy v současném pojetí trestního řádu
| Title in English | Spatial Monitoring in the Current Concept of the Criminal Order |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Proceedings |
| Conference | Cofola 2021: část 3 |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Operational Investigative Means; Tracking of Persons and Things; Spatial Wiretaps; Wiretaps; Use of an Agent; Mock Transfer; Germany; Sweden; New Legislation |
| Description | Operational investigative means are instruments of criminal procedural law, on the basis of which law enforcement authorities usually document facts relevant to the procedure in criminal proceedings in the case of seri- ous criminal offenses. The long-term static nature of the legislation prevails here. We consider the opportunity to create a new code to be a good time to make a drastic „cut“, when we would like to „separate“ the old legislation and replace it with a new one in an imaginary analogy to surgery. This new legislation should be based primarily on the rule of systematicity, in the con- text of seeing other instruments of criminal procedural law for obtaining evidence. Legislation in countries such as Germany and Sweden, which has been in place for many years, seems to be a suitable source of inspiration that can guide thinking in the right direction. |