Secret (Covert) Search – A Relic of Totalitarian Times or a New Form of Operational Work? Cover Image

Tajne (niejawne) przeszukanie – relikt czasów totalitarnych czy nowa forma pracy operacyjnej?
Secret (Covert) Search – A Relic of Totalitarian Times or a New Form of Operational Work?

Author(s): Piotr Herbowski
Subject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: secret search; operational-reconnaissance activities; right to privacy; surveillance of the opposition

Summary/Abstract: Secret search is a form of operational work shrouded in the greatest secrecy, used during the People’s Republic of Poland by the Security Service and the Military Internal Service. It involved breaking into, among other places, diplomatic missions, flats and cars in order to obtain information needed by the communist authorities. This form could have been completely forgotten, had it not been for the draft Operational Work Code, which was intended to strengthen the observance of citizens’ rights and included an cover search directly referring to illegal activities undertaken in communist times. This legal instrument should cause particular concern among opponents of excessive state interference in the constitutional right to privacy. The purpose of this paper is to try to indicate what purpose such actions of the communist services served and whether there is now a possibility of their legal implementation in a state under the rule of law, taking into account the so-called emergency situations that may arise in the course of them.

  • Issue Year: 47/2025
  • Issue No: 2
  • Page Range: 25-41
  • Page Count: 17
  • Language: Polish
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