OBLIGATION OF STATE AND LOCAL GOVERNMENT INSTITUTIONS TO PROVIDE ASSISTANCE TO AUTHORITIES CONDUCTING CRIMINAL PROCEEDINGS (ARTICLE 15 § 2 OF THE CODE OF CRIMINAL PROCEDURE)
OBLIGATION OF STATE AND LOCAL GOVERNMENT INSTITUTIONS TO PROVIDE ASSISTANCE TO AUTHORITIES CONDUCTING CRIMINAL PROCEEDINGS (ARTICLE 15 § 2 OF THE CODE OF CRIMINAL PROCEDURE)

Summary/Abstract: Article 15 § 2 of the Code of Criminal Procedure (CCP) obliges state and local government institutions to provide assistance to authorities conducting criminal proceedings. Providing the assistance referred to in Article 15 § 2 CCP primarily includes the provision of services that enable the performance of procedural actions necessary in criminal proceedings. The assistance may also include the provision of information requested by the authority conducting criminal proceedings. However, choosing this form of assistance can only serve to pre-select information or verify potential sources. Article 15 § 2 CCP cannot replace the specific procedures for securing evidence provided for in the procedural law because this would lead to the disregard of norms that protect the rights and liberties of participants in criminal proceedings. The process of obtaining evidence and introducing it into the proceedings must, therefore, take place within the framework of the procedures set forth in the CCP. Only then will the constitutionally ensured rights of the participants in criminal proceedings be respected.

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