KRIMINALINĖS ŽVALGYBOS DUOMENŲ PANAUDOJIMO BAUDŽIAMAJAME PROCESE PROBLEMOS
PROBLEMS RELATED TO THE USE OF CRIMINAL INTELLIGENCE IN CRIMINAL PROCEEDINGS

Summary/Abstract: The paper explores the trend of prevalence of the use of intelligence in criminal proceedings in 2015 employing the method of document analysis. The generalized conclusions are the result of the examination of 325 criminal cases selected by a convenient sampling process, which were judged at the first instance by the Vilnius Regional Court and whose convictions became effective in 2015. Analysis data revealed that in 2015 there was an unjustifiably large discrepancy between the number of sanctioned criminal intelligence actions (means, methods) and the reflection of the resulting data in criminal cases. In addition, the investigation has revealed that (a) subjects of criminal intelligence are not inclined to delete information obtained through criminal intelligence activities and they (b) tend to accumulate surplus, outdated information and rely on it in legal proceedings; (c) courts do not avoid sanctioning criminal intelligence activities that under the law fall within the competence of the prosecutor or the head of the criminal intelligence entity; (d) when prolonging the term to apply criminal intelligence actions, the courts only formally assess the appropriateness to continue such actions.

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