The topic I have prepared for presentation is: Implementation of covert and technical measures of surveillance and investigation. Taking into consideration that the covert and technical measures of surveillance for the first time have been foreseen by UNMIK Regulation no. 2002/6 of March 18th 2002, it is righteously considered that they are new institution of the criminal procedure. By issuance of UNMIK regulation no 26/2003 of 06.07.2003 of Provisional Criminal Procedure Code of Kosova, that entered into force on April 20th 2004, along with Provisional Criminal Code of Kosova, to which on April 20th 2004 UNMIK Regulation 8/2004, criminal Code for Minors have been added, finally disrupting continuity of applicable laws according to UNMIK Regulation no. 24/99 of December 12th 1999. Within PCCK there are numerous novelties foreseen, compared to CPC; amongst others, covert and technical measures of surveillance and investigation were foreseen. According to PCCK, in scope of his authorizations, Public prosecutor takes care and leads investigation of a criminal issue as of the moment of being informed by the police for collection of evidences required, to the decision for commencement of investigation. A special care should be taken, when the covert and technical measures of surveillance are being applied, considering that these measures jeopardize the right to privacy, guaranteed by all international acts and instruments, as well as local laws, as a basic right of living. Otherwise, these measures are foreseen in a special chapter of PCCK, where the nature and techniques of proceedings are elaborated.
Table of Contents
1 Introduction
2 Covert and technical measures of surveillance and investigation
2.1 Notion of covert and technical measures of surveillance and investigation
2.2 Comparative aspects for issuance of the covert measures from Criminal Procedure Codes of the countries of the region
3 Covert and technical measures of surveillance and investigation
3.1 Juridical nature and legal aspects of covert measures and surveillance and investigation techniques
3.2 Types of covert measures and surveillance and investigation techniques
3.3 Conditions and circumstances of undertaking technical measures and surveillance
3.4 Categorization of covert measures
4 Procedure of issuing the order of covert measures
4.1 The Implementation of the Order
4.2 Further actions upon obtaining information concerning the results of covert technical measures of surveillance and investigations
5 Conclusion
6 Literature
Objective and Core Topics
The work examines the legal framework and practical implementation of covert and technical surveillance measures in Kosovo within the context of the Provisional Criminal Procedure Code, focusing on the balance between investigative efficacy and the protection of fundamental privacy rights.
- Legal basis and historical evolution of covert measures in Kosovo.
- Comparative analysis of regional criminal procedure codes regarding surveillance.
- Competencies and procedures for issuing surveillance orders.
- Conditions for the application of covert measures and human rights safeguards.
- Management and evaluation of evidence obtained through surveillance.
Excerpt from the Book
3.1 Juridical nature and legal aspects of covert measures and surveillance and investigation techniques
Considering the fact the public prosecutor is an authority that represents interest of the state, he is also a party in criminal proceedings, but continuously in application of the law. As an organ representing the state interest, the public prosecutor is entitled, within the scope of his authorizations, to pursue criminal offences, which are followed upon the official duty and criminal offences that are pursued upon proposal of the offended. This represents legal nature of the public prosecutor, as far as he represents the interest of the state in civil and administrative disputes, also. During his activities, he constantly strives to have close relations with other associated agencies, and especially with the police.
As a party in the criminal procedure, the public prosecutor gathers evidences required for the specific criminal issue, and it is required constantly to have the order issued to be grounded to the law. Each order issued needs to have defined duration of time of the action required, otherwise it is not legal. A written order has duration of 60 days, as well as another extension of maximum 60 days, but it cannot be exceeded.
All evidences extracted as a result of covert and technical measures of surveillance and investigation by the prosecutor should be scrutinized in order to determine whether they have legal grounds or not, and they also should be evaluated by the court during the main hearing. This is an immanent task, so that the action undertaken may be considered as integral part of the evidence procedure.
Summary of Chapters
1 Introduction: Provides an overview of the introduction of covert and technical surveillance as a new institution in Kosovo's criminal procedure through various UNMIK regulations.
2 Covert and technical measures of surveillance and investigation: Defines the notion of surveillance within the three phases of criminal-judicial procedure and offers a comparative study of regional legislation.
3 Covert and technical measures of surveillance and investigation: Details the specific legal nature, types, conditions, and categorization of surveillance measures under the Provisional Criminal Procedure Code of Kosova.
4 Procedure of issuing the order of covert measures: Explains the formal requirements for issuing orders, the implementation responsibilities of authorities, and the post-investigation handling of collected data.
5 Conclusion: Summarizes the necessity of operating within defined legal authorizations and emphasizes the importance of inter-agency cooperation and the protection of individual privacy.
6 Literature: Lists the books and official resources used to compile the research.
Keywords
Covert measures, technical surveillance, criminal procedure, Kosovo, public prosecutor, pretrial judge, human rights, privacy, evidence, investigation, PCCK, UNMIK, telecommunications, organized crime, law enforcement.
Frequently Asked Questions
What is the primary focus of this academic work?
The work focuses on the legal and procedural implementation of covert and technical surveillance measures in Kosovo, specifically examining how these actions are authorized and executed within the criminal justice system.
Which central thematic areas are covered?
The paper covers the legal framework (PCCK), the roles of the public prosecutor and pretrial judge, regional comparative legal standards, and the protection of fundamental human rights against intrusive surveillance.
What is the main objective of the research?
The objective is to analyze the procedural authorization of surveillance measures and ensure that all evidence collected maintains legal validity while respecting the constitutional right to privacy.
Which scientific method is applied here?
The author uses a normative-legal analysis, examining statutes, regulations, and commentaries from Kosovo and neighboring countries to evaluate current operational practices.
What topics are discussed in the main body of the text?
The main body details the specific types of covert measures, the conditions under which they are permissible, the distinction between measures ordered by the prosecutor versus the pretrial judge, and the procedural requirements for handling evidence.
Which keywords define this work?
The work is defined by terms such as covert measures, criminal procedure, privacy protection, and judicial oversight.
How is the competence for ordering surveillance divided between authorities?
The public prosecutor is authorized to order certain surveillance measures directly, while more intrusive measures require an order from a pretrial judge or a panel of judges, depending on the severity and nature of the action.
Why is the role of the pretrial judge considered critical in this process?
The pretrial judge serves as a safeguard, verifying that the legal grounds for surveillance are met before authorizing actions that limit human rights and freedoms, thereby ensuring judicial control over the investigation.
What happens if the collected evidence does not comply with legal procedures?
If evidence is not extracted in accordance with the law, it may be challenged by the interested parties and deemed inadmissible in further judicial proceedings.
- Arbeit zitieren
- Hashim Çollaku (Autor:in), 2012, Implementation of covert and technical measures of surveillance and investigation in Kosova, München, GRIN Verlag, https://www.hausarbeiten.de/document/194251
