Covert and technical surveillance measures and investigation

AuthorFejzullah Hasani
PositionUniversity 'KadriZeka' Faculty of Law, Gjilan, Kosovo
Covert and Technical Surveillance
Measures and Investigation
Fejzullah Hasani
Abstract: The use of contemporary technological achievements in combating and preventing
criminality, especially when it comes to discovering it and ensu ring evidence, is considered
imperative in contemporary conditions. In this process the undertaking of certain actions, with the
necessary use of means and technological methods, there may be a conflict with the fundamental
human rights and freedoms. In the public opin ion, this is often interpreted as belonging to non-
democratic societies and states when there is an abuse of authorizations with the aim of placing
control over their citizens. In this case, the fact that every criminal offense represents a violation of
human rights and fundamental freedom is neglected, whereas contemporary crime, and especially the
organized crime, infringe upon no t only the basis of the society but also all rights and freedoms.
Therefore, there should be no presumption as to whether prosecution bodies should use technological
achievements in combating crime. The overall view of the European Court is that the state has a
positive obligation to prevent and investigate criminal offenses and to criminally prosecute the
offenders. The measures undertaken with the purpose of detecting and preventing such offenses and
which interfere with the private life of the person are usually acceptable, provided they are pro vided
by law and in conformity with the constitution and international standards which allow the limitation
of freedoms and of human rights in indispensable cases.
Keywords: Covert measures; human rights; interception; monitoring; controlled delivery; simulated
purchase of an item
1. Introduction
Under contemporary conditions, covert and technical surveillance measures and
investigation are considered as special means through which important facts can be
ascertained and valuable material evidence can be obtained for the successful
conduct of criminal proceedings. These measures, in accordance with paragraph 1
of Article 84 of the Criminal Procedure Code, are enforced or required to be
University “KadriZeka” Faculty of Law, Gjilan, Kosovo, Address: “Zija Shemsiu” pn. 60000 Gjilan,
Kosovo, Corresponding author:
AUDJ, Vol. 15, No. 3/2019, pp. 41-53

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