International Experience Dealing with Secret Investigative Actions in Investigation of Crimes
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 49, Issue
Abstract
In the article the international experience of conducting of the secret investigative actions (SIA) is analyzed, the content, role and value of hidden methods of the obtaining information about crimes and persons who committed them in combating crime are determined. The analysis of recent research and publications on the subject is determined. The analysis of the law rules of the Criminal Procedure Code of Ukraine is carried out. The grounds, procedural order and the purpose of the production of the secret investigative actions the secret investigative actions, the certain types of SIA and the set of subjects that conduct them according to the CPC of Germany, the USA and France are characterized. It was established that the Criminal Procedure Code of Ukraine provides for a number of secret investigative (search) actions, that contribute to the investigation of corruption crimes (Chapter 21). It is said that the analysis of the most normative acts of foreign states in the field of the legal regulation of pre-trial investigation of crimes indicates that the using of the hidden methods of obtaining information about crimes and those, who committed them, has been not considered. It was concluded that the secret means of the investigation (secret investigatory actions, operational search actions, etc.) play a leading role in the detection, prevention, termination, disclosure and investigation of the crimes, but only if the court issues permission to conduct them, and on the grounds and in accordance with the procedure, that is defined by law.
Authors and Affiliations
Alla Koval
Keywords
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