Thoughts on the Opinion of the Supreme Court’s Criminal Division

Abstract

The article analyzes one of the opinions issued by the Criminal Division of the Supreme Court, focusing particularly on the interpretation of the obligation to file a report “without delay” in the context of covert information gathering. The author highlights that the Division’s expansive interpretation may conflict with the requirements of the rule of law, as it alters the statutory wording to the detriment of participants in criminal proceedings. The study also examines the extent to which such divisional opinions possess characteristics of legal sources and the constitutional concerns raised by the appearance of their binding force.