scholarly journals RESPECT FOR THE PRIVACY PROTECTED BY LAW IN THE CONDUCT OF INVESTIGATIVE ACTIONS

2021 ◽  
Vol 31 (5) ◽  
pp. 856-860
Author(s):  
A.P. Lipinsky
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Right To Privacy ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
Video Recordings ◽  
Other Information ◽  
The Right

The article deals with the issues of ensuring the privacy protected by law in the course of individual investigative actions. The procedural procedure established by the Code of Criminal Procedure for conducting investigative actions does not unequivocally guarantee the protection of privacy, since initially it is impossible to establish the possibility of obtaining a certain result during their conduct, and therefore the question arises of observing guarantees for protecting the right to privacy of participants in criminal proceedings. The author justifies the need, before initiating investigative actions involving invited specialists, translators, interpreters and other persons, to warn them of criminal liability for disclosing the information they received as a result of the proceedings in their presence. The use of photos and video recordings of objects that may contain personal secrets is unacceptable if this does not apply to participants in a criminal law conflict. The transcript of telephone conversations is made only in the part related to the study of the circumstances of the crime committed. Other information should not be reflected in the transcript.

scholarly journals ACCESS OF PARTICIPANTS OF CRIMINAL TRIAL TO MATERIALS OF CRIMINAL CASE IN A PRETRIAL PRODUCTION IN THE CONTEXT OF PROVIDING OF SECRET OF PRIVATE LIFE

2021 ◽  
Vol 31 (1) ◽  
pp. 148-152
Author(s):  
A.P. Lipinsky
Keyword(s):  
Criminal Liability ◽  
Preliminary Investigation ◽  
Private Life ◽  
Criminal Trial ◽  
Criminal Case ◽  
Right To Privacy ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Right To Privacy ◽  
The Right

The article points out the need to ensure the protection of the privacy of participants in criminal proceedings. The problems associated with the violation of the right to privacy in the course of investigative and procedural actions are identified. Conclusions are drawn about the need to ensure the privacy of not only participants in the criminal process (parties and other persons), but also other persons whose information is contained in the materials of the criminal case. The order regulating the warning of participants of investigative and other procedural actions about inadmissibility of disclosure of the data received in connection with participation in investigative and procedural actions is developed. The opinion on inadmissibility of acceptance of refusal of the signature fixing the fact of the warning of the person about criminal liability for disclosure of data of preliminary investigation is proved. A proposal was formulated to establish the participants and the procedure for familiarizing themselves with the materials of the pre-investigation check.

Involuntary Self-Incrimination and the Right to Privacy in Criminal Proceedings

1997 ◽  
Vol 31 (1-3) ◽  
pp. 74-93
Author(s):  
Claus Roxin
Keyword(s):  
Rule Of Law ◽  
German Law ◽  
Criminal Procedure ◽  
Right To Privacy ◽  
Criminal Proceedings ◽  
Law System ◽  
Invasion Of Privacy ◽  
The Right To Privacy ◽  
Conflicting Demands ◽  
The Right

In any rule-of-law system the law of criminal procedure is bound to weigh the intended investigation of the truth against the interest of the person charged with a criminal offence in protecting his privacy. The German law of criminal procedure is a typical example of the permanent struggle with these conflicting demands. While the majority of the courts are making an effort to reinforce the protection provided to the accused, the latest pieces of legislation reveal a tendency of allowing increasingly far-reaching invasion of privacy. I will try to map out the most important aspects of this development.In doing so I will distinguish between state-enforced, involuntary self-incrimination and the right to privacy. These two problems overlap because enforced self-incrimination will often entail invasion of privacy and, conversely, because an invasion of privacy by the state will often result in involuntary self-incrimination. But although these problems are intertwined I will differentiate between them and I accept that there will be some overlapping. After all, there may be invasions of privacy without self-incrimination and there may be cases of self-incrimination which are not caused by an invasion of privacy.

scholarly journals Istota tajemnicy ubezpieczeniowej ze szczególnym uwzględnieniem odpowiedzialności za jej naruszenie

2021 ◽  
Vol 33 (2) ◽  
pp. 227-240
Author(s):  
Izabela Wysocka ◽  
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Civil Liability ◽  
Administrative Law ◽  
Public Law ◽  
Tort Liability ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Insurance secrecy is a public law institution that has been introduced to the private system. The purpose of this institution is to protect constitutional guarantees such as the right to privacy, and also to protect human rights. This fact gives rise to the entity’s broad liability for breach of insurance secrecy. You can see civil liability as a contractual breach and tort liability. In addition, the entity obliged to maintain insurance secrecy that violates this obligation may be affected by criminal liability, the basis of which is found in several acts. It is also worth highlighting the role of administrative responsibility, in which a breach of the obligation of confidentiality is treated as an administrative tort. Due to the above, the essence of insurance secrecy is to provide protection under civil, criminal and administrative law.

scholarly journals Protection of privacy related to criminal procedure

2016 ◽  
pp. 53-65
Author(s):  
Milana Pisaric
Keyword(s):  
Information Technology ◽  
Personal Data ◽  
General Interest ◽  
Right To Privacy ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Right To Privacy ◽  
Criminal Offenses ◽  
Methods And Techniques ◽  
The Right

Every person has the right to privacy and protection of personal data and these rights may be restricted only in order to protect the general interest or the preservation of important values in society. If there is a certain degree of suspicion that a person committed a criminal offense, the competent authorities are authorized to limit his/her privacy rights and to collect and process personal data for the purposes of criminal proceedings, by taking certain actions and measures in accordance with the law. On the basis of legal authorization certain subjects may take regular and special evidentiary actions and measures, but possible privacy infringement and data collection should be limited to the extent necessary to suppress a specific criminal offense in accordance with the principle of proportionality. It is necessary and useful to apply the methods and techniques of information technology in order to detect and prove criminal offenses. However, uncritical regulation and voluntary application of advanced methods and techniques of surveillance and monitoring of user?s activities (whose daily activities increasingly rely on information technology) would create a real risk of expanding and deepening the scope of spheres of life to be monitored to a much greater extent than legitimate monitoring within the concept of pro?activity and creation of a complete and panoptic surveillance of personal data. This could not be justified by the needs to oppose even the most severe forms of criminal offenses. Thus, actions and measures based on the use of these techniques and methods should be laid down and applied in accordance with the principles of specificity, necessity and proportionality, and with control of the judicial authorities, so the right to privacy would not be jeopardized. It is necessary to find a proper balance between the needs of criminal proceedings and respect for human rights, with regard to regulating powers of investigative bodies in collecting data of individuals. In online environment, the protection of the right to legal personality and the right to free development of personality through the right to privacy as well as the protection of personal data are necessary to be provided by legal regulations containing even stricter and more precise rules (comparing to offline environment) that determine the scope of powers of the authorities to collect evidence for the purposes of criminal proceedings, because certain actions or measures can greatly interfere with the private sphere of individuals in the direction of a complete privacy annulment.

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

Special investigative measures: Comparison of the Serbian Criminal Procedure Code with the European Court of Human Rights Standards

2021 ◽  
Vol 26 (1) ◽  
pp. 34-60
Author(s):  
Veljko Turanjanin
Keyword(s):  
Criminal Procedure ◽  
Fundamental Rights ◽  
Main Question ◽  
Right To Privacy ◽  
Special Investigation ◽  
The Right To Privacy ◽  
European Court ◽  
Criminal Procedure Law ◽  
The Right ◽  
Human Rights Standards

This paper is focused on several important issues that deal with special investigation measures. The main perspective of the analysis is based on the ECtHR case law on this issue. Two issues are from primary interests: secret monitoring of communication and undercover investigator. Intensive ICT development enables various modern techniques and methods of crime investigation but also results in some new types of crime that could be committed using ICT. Expansion of the fundamental rights and their protection, especially in Europe, raised global awareness of the right to privacy and the need to protect it. Having that in mind, it seems that the main question that should be answered by legislator is: Where is the borderline between the right to privacy and the public interest to investigate or prevent crime and collect evidence? The undercover investigator falls under Article 6 of the Convention and there are different rules on the admissibility of such evidence. Serbian Criminal Procedure Law on some points is in line with ECtHR standards, but some very important provisions, as well as practice, are not.

scholarly journals The Exclusion of Improperly Obtained Evidence in Greece: Putting Constitutional Rights First

2007 ◽  
Vol 11 (3) ◽  
pp. 181-212 ◽  
Author(s):  
Dimitrios Giannoulopoulos
Keyword(s):  
Criminal Procedure ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
England And Wales ◽  
The Right To Privacy ◽  
The Right

In contrast with England and Wales, where there is a discretion to exclude improperly obtained evidence, exclusion in Greece is automatic. Article 177 para. 2 of the Code of Penal Procedure mandates that evidence obtained by the commission of criminal offences is not taken into consideration. In addition, article 19 para. 3 of the Constitution prohibits the use of evidence obtained in violation of the right to privacy. Inspired by the rigidity of these exclusionary rules, the rights-centred approach that they reflect and the context of a constitutional criminal procedure within which they apply, this article sheds light on the protection of constitutional rights as a rationale for the exclusion of improperly obtained evidence. It does so against the background of the reliability-centred exclusionary doctrine in England.

scholarly journals The criminal responsibility for defamation of knowingly innocent

2021 ◽  
Vol 10 (44) ◽  
pp. 241-251
Author(s):  
Vira Navrotska ◽  
Oksana Bronevytska ◽  
Galyna Yaremko ◽  
Roman Maksymovych ◽  
Vita Matolych
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Scientific Article ◽  
Criminal Prosecution ◽  
Innocent Person ◽  
Criminal Proceedings ◽  
Self Disclosure ◽  
Procedural Law ◽  
The Right

The scientific article analyzes the acute discussion in law enforcement practice and procedural science of the problem of the possibility of criminal prosecution of a suspect, accused of defaming a knowingly innocent person in the commission of a crime. The theoretical basis of the article are scientific works on criminal law and criminal procedural law (both domestic researchers and foreign experts). A set of general scientific, special scientific and philosophical methods of scientific knowledge has been used while preparing the scientific article, in particular dialectical, historical, comparative, dogmatic (formal-logical), system-structural analysis, modeling. It is substantiated in the article that the behavior of the suspect, accused, which is manifested in slandering of a knowingly innocent person, does not constitute the right to freedom from self-disclosure. It is also proved that both freedom from self-disclosure and the right to defense in criminal proceedings must have certain limits, in particular, it is rights and interests of other subjects protected by criminal law. We stated that the suspect or accused should be liable for misleading the court and pre-trial investigation bodies even if such deception was used to protect against the suspicion (or accusation), to avoid criminal liability.

scholarly journals Protection of the child right to privacy in a criminal procedure and media reporting

Temida ◽  
2008 ◽  
Vol 11 (2) ◽  
pp. 49-60
Author(s):  
Ivana Stevanovic
Keyword(s):  
Criminal Justice ◽  
Public Information ◽  
Right To Privacy ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
Raising Awareness ◽  
Present Information ◽  
The Media ◽  
Special Knowledge ◽  
The Right

Practice demonstrates the importance of raising awareness about the problem of violence against children as well as the necessity of full protection of the right to privacy of minors as participants of criminal proceedings. Journalists must have special knowledge in order to report on criminal justice proceedings dealing with minors. On the other hand, authorized representatives of departments and institutions that participate in criminal justice protection of minors must be trained to present information to the media in a manner that would hinder its random interpretation in public information resources. Furthermore, the author insists on the practical obligation of the state to take systemic measures in suppressing and protecting minors from violations of their right to privacy and the consistent sanctioning of any violation of this right by representatives of the media, as well as by professionals authorized for protection of the right to privacy of minors.

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