The Use of Covert Devices Subject to Judicial Authorisation and the Use of the Results of Secret Information Gathering

Abstract

For the effectiveness of covert devices subject to judicial authorisation, it is not sufficient in itself to obtain the information deemed relevant during their implementation, but it is also necessary that their application shall be in accordance with the conditions laid down in the Procedural Act. Failure to comply with this may result in the fact that the otherwise incriminating evidence cannot be used later in a given case or against specific accused persons. In my present study, I present the requirements – currently in force or previously in force – which are required to be taken into account in this context.