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Monitoring and Review of its Legality in the Context of the Prepared Recodification

Publication at Faculty of Law |
2023

Abstract

The chapter is dedicated to one of the operative means of search, namely to the institute of tracking people and things (surveillance). After the initial definition of the issue of surveillance and its legal regulation de lege lata, attention is mainly focused on issues of surveillance in the draft of the new criminal code.

The proposed legislation is critically evaluated and the planned changes are pointed out in detail. Special attention is focused on the introduction of the obligation to inform the monitored person about the surveillance carried out in cases of the most serious interference with their rights and freedoms, and in particular their right to request a review of the legality of the surveillance within a specified period.

The discussed facts are also placed in the context of the requirements set by the jurisprudence of the European Court of Human Rights.