Self-contradictions of the Current Regulations and Proposals for Modifications „de lege ferenda” of Covert Means Subject to Permission of a Judge

Abstract

Abstract
Aim: The new Code of Criminal Procedure, which entered into force in July 2018, introduced several welcome innovations regarding covert means and the use of the results of their application, which create very strict safeguards in terms of legality. However, two additional self-contradictions remained and were included in the current criminal procedure law, which in my opinion, may need to be re-regulated.
Methodology: By examining the court case law and the specific problems that have recently arisen in the application of the law, I have analyzed the regulatory deficiencies that arise in practice, for which the currently criminal procedure law in force does not provide a satisfactory solution.
Findings: On the one hand, the regulatory deficiencies concerning covert means subject to permission of a judge presented in in the paper – and this is the first case to be presented -. unwittingly limit the possibility of defense for the accused, on the other hand – which is the second case to be presented – they also do not create a clear possibility of application of the law.
Value: In the event of a re-regulation of the shortcomings described in this paper, the legality of the application and use of covert devices subject to permission of a judge may be strengthened, both from the point of view of proof and defense.