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.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Covert and technical measures of surveillance and investigation
- Notion of covert and technical measures of surveillance and investigation
- Comparative aspects for issuance of the covert measures from Criminal Procedure Codes of the countries of the region
- Covert and technical measures of surveillance and investigation
- Juridical nature and legal aspects of covert measures and surveillance and investigation techniques
- Types of covert measures and surveillance and investigation techniques
- Conditions and circumstances of undertaking technical measures and surveillance
- Categorization of covert measures
- Procedure of issuing the order of covert measures
- The Implementation of the Order
- Further actions upon obtaining information concerning the results of covert technical measures of surveillance and investigations
- Conclusion
- Literature
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work examines the implementation of covert and technical measures of surveillance and investigation in Kosovo. The author focuses on the legal framework surrounding these measures, exploring their historical development, types, and the legal procedures involved in their application. This includes a comparative analysis of similar practices in neighboring countries.
- The legal framework for covert and technical surveillance in Kosovo
- The historical development of these measures in Kosovo
- The types and techniques used in covert surveillance
- The procedures for obtaining authorization for covert surveillance
- A comparative analysis of similar measures in neighboring countries
Zusammenfassung der Kapitel (Chapter Summaries)
The introductory chapter establishes the context for the study, outlining the history of covert measures in Kosovo and their significance within the criminal procedure system. Chapter 2 dives deeper into the definition and scope of covert and technical measures of surveillance and investigation. It examines the legal basis for these measures and compares their application in neighboring countries.
Chapter 3 delves into the legal aspects of covert surveillance, analyzing its juridical nature, types, and the specific conditions under which these measures may be employed. This includes exploring the limitations and safeguards in place to protect privacy rights. Chapter 4 focuses on the procedural aspects of obtaining authorization for covert surveillance, detailing the steps involved and the roles of various stakeholders in the process.
Schlüsselwörter (Keywords)
Covert and technical surveillance, investigation techniques, criminal procedure, legal framework, privacy rights, authorization procedures, comparative analysis, Kosovo, neighboring countries.
- Quote paper
- Hashim Çollaku (Author), 2012, Implementation of covert and technical measures of surveillance and investigation in Kosova, Munich, GRIN Verlag, https://www.grin.com/document/194251
