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Possibilities for the Use of Information Obtained by using Information and Technical Means and Means of Operative-Search Activities in Other Criminal Matters


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1 Institute of Theory and History of state and socio-science disciplines
 

Information that were obtained legally using information and technical means and means of operative-search activities have the nature of evidence in criminal proceedings. The nature of evidence is granted directly to this information, not to the media where they are recorded. In the case of legal use, this information has the nature of evidence in the criminal case, but the provisions of Criminal Procedure Code in the Slovak Republic contribute significantly to the detection and proving of serious criminal offences, because such information can be indirectly used also in other criminal case. Problematic is the fact that the Supreme Court of the Slovak Republic adopted differing positions precisely on these options of the use of evidence in other criminal case, this dispute was also joined by the Prosecutor's office and this application problem has not been resolved even by the unifying opinion at the level of the Supreme Court of the Slovak Republic. There is therefore still an open question from the point of argumentation and application, what evidence can be used also in other criminal cases or under what conditions.

Keywords

Information, Evidence, Con-Current Conduction of Criminal Prosecution, Application Practice.
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  • Possibilities for the Use of Information Obtained by using Information and Technical Means and Means of Operative-Search Activities in Other Criminal Matters

Abstract Views: 97  |  PDF Views: 16

Authors

Zuzana Kurucova
Institute of Theory and History of state and socio-science disciplines

Abstract


Information that were obtained legally using information and technical means and means of operative-search activities have the nature of evidence in criminal proceedings. The nature of evidence is granted directly to this information, not to the media where they are recorded. In the case of legal use, this information has the nature of evidence in the criminal case, but the provisions of Criminal Procedure Code in the Slovak Republic contribute significantly to the detection and proving of serious criminal offences, because such information can be indirectly used also in other criminal case. Problematic is the fact that the Supreme Court of the Slovak Republic adopted differing positions precisely on these options of the use of evidence in other criminal case, this dispute was also joined by the Prosecutor's office and this application problem has not been resolved even by the unifying opinion at the level of the Supreme Court of the Slovak Republic. There is therefore still an open question from the point of argumentation and application, what evidence can be used also in other criminal cases or under what conditions.

Keywords


Information, Evidence, Con-Current Conduction of Criminal Prosecution, Application Practice.

References





DOI: https://doi.org/10.15759/ijek%2F2018%2Fv6i1%2F190266