Publication date: 23.05.2024
SECRET INVESTIGATIVE ACTIONS
Covert investigative (detective) actions are covert actions carried out by law enforcement agencies to collect evidence and information about crimes, suspects or accused persons without their knowledge. These actions are carried out in order to ensure the efficiency of the investigation and prevent opposition to the investigation by suspected persons.
Undercover investigative (detective) actions are carried out in cases where obtaining the necessary information for the investigation of a crime is impossible or difficult with the help of ordinary investigative actions. They are used in the following situations:
- 1. Investigation of serious and especially serious crimes:
- Crimes against life and health (for example, murders).
- Crimes against state security (for example, terrorism, espionage).
- Corruption crimes.
- Organized crime.
- 2. When there is a threat to the safety of witnesses or victims:
- In cases where witnesses or victims may be intimidated or influenced by the suspects.
- Пункт3. Prevention of destruction of evidence:
- When there is a suspicion that ordinary investigative actions may lead to the destruction or concealment of evidence.
- 4. Disclosure of hidden criminal activity:
- Crimes committed under conditions of strict secrecy, for example, drug trafficking, human trafficking.
- 5. Protection of national security:
- In case of suspicion of crimes that pose a threat to national security.
Covert investigative activities may include wiretapping, video surveillance, electronic device interception, mail surveillance, and other activities.All these actions must be justified and comply with the principle of proportionality in order to minimize the interference in the private life of the persons against whom these actions are carried out.
The main types of covert investigative actions include:
- 1. Audio and video monitoring of a person – covert removal of information from audio and video recording devices.
- 2. Control over telephone conversations - listening and recording of telephone conversations.
- 3. Obtaining information from transport telecommunication networks - access to data from mobile phones, the Internet, etc.
- 4. Secret search and inspection – covert search of premises or objects without the knowledge of the owner.
- 5. Observation of a person, thing or place - covert observation to gather information.
- 6. Use of confidential cooperation - involvement of informants to obtain information.
Secret investigative actions are carried out in certain cases according to the decisions of the investigator, the prosecutor or the court. They are regulated by legislation and are aimed at ensuring law and order and justice within the criminal process.
Covert investigative actions, which are carried out exclusively in the investigation of serious and especially serious crimes
Only in cases of investigation of serious and especially serious crimes, the following secret investigative (search) actions may be carried out:
- 1. Audio and video control of a person:
Covert recording of the suspect's conversations and actions to gather evidence.
- 2. Control over telephone conversations:
Listening and recording of telephone conversations of the suspect.
- 3. Obtaining information from transport telecommunication networks:
Removal of information from mobile phones, e-mail, Internet communication.
- 4.Secret search and inspection:
A secret search of premises or other objects without the knowledge of the owner in order to find evidence.
- 5. Observation of a person, thing or place:
Covert surveillance of suspects or objects that may be connected to a crime.
- 6. Use of confidential cooperation:
Engagement of informants who provide information on criminal activity.
- 7. Control of postal shipments, telegraphic and other correspondence:
Tracking and checking the suspect's mail and other correspondence.
- 8. Establishing the location of a radio-electronic device:
Tracking the location of mobile phones or other electronic devices.
These actions are carried out in order to collect evidence for the investigation of crimes that pose a serious threat to society and the state. They are carried out exclusively with the permission of the court and are subject to strict control to prevent violations of the rights and freedoms of citizens
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