Applying the Operational Control in Penal Procedure Cover Image

Stosowanie kontroli operacyjnej w toku postępowania karnego
Applying the Operational Control in Penal Procedure

Author(s): Małgorzata Tomkiewicz
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: procedural wire tap; non-procedural wire tap; surveillance; preparatory proceedings; criminal proceedings

Summary/Abstract: Undisclosed public authority’sinterference in constitutionally protected freedom and confidentiality of communications is allowed by provisions concerning procedural control and operational control. Each of these controls has its own specificity: the operational control is regulated by the non-code provisions contained in the acts that regulate works of individual special forces and the procedural control is contained in the Code of Criminal Procedure.Operational control is being applied (in general) before and the procedural control is being applied after the initiation of criminal procedure. However, is the moment of criminal procedure’s initiation a censorship, which – according to the relevant legislation – should determine control’s character? Is it allowed to order the operational control in spite of procedure’s initiation or the operational control is against the law in this situation? What are the mutual relations between those two types of control and is everything about this issue obvious and not in doubt?Through the analysis of the provisions that concerns the operational and procedural control this article attempts to answer the questions above.

  • Issue Year: 26/2016
  • Issue No: 4
  • Page Range: 117-136
  • Page Count: 20
  • Language: Polish