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On the absence of regulation of bugging in the Code of Criminal Procedure

Publication at Faculty of Law |
2018

Abstract

One of the shortcomings of the Code of Criminal Procedure in force and effect is the fact that it does not explicitly provide for bugging (covert obtaining of information using special technical means and devices designed for such purposes and recording image, sound, exact movement or activities of monitored persons in real time and space), decisionmaking on the authorization to carry it out or conditions for the use of the interception recording as a proof in criminal proceedings. The Code of Criminal Procedure does not even define the term "bugging" in any place, and leaves the definition to the doctrine and legal practice.

The author of the article considers this situation to be a serious shortcoming of the Code of Criminal Procedure, pleads for an explicit enshrinement of bugging in the Code of Criminal Procedure, and formulates conditions of future legal regulation. In view of the topicality of this issue, the author recommends not waiting for an overall recodification of the Code of Criminal Procedure, but enshrining the new regulation immediately in the form of an amendment to the Code of Criminal Procedure.