Procedural applicability of records from the surveillance of persons and items acquired in a different criminal case - a few notes on the legislation of so-called premises surveillance
Abstract
The paper deals with the issue of procedural applicability of records from the surveillance of persons and items acquired in a different criminal case (the issue of so-called premises surveillance), analysing thoroughly the relation of Section 158d par. 2 and 3 with the provisions of Section 158d par. 10 of the Code of Criminal Procedure. The article presents arguments both in favor and against the applicability of records from the surveillance of persons and objects acquired in a different criminal case.
The issue is addressed from a doctrinal (legal theoretical), normative and judicial point of view. Special attention is paid mainly to the decision-making practice of high and supreme courts (both high courts, the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic).
The authors believe that this issue should be given due attention in the ongoing work on the new Code of Criminal Procedure.