It can happen to you that during a criminal proceeding, the authorities gather information without your knowledge. The law refers to these hidden methods as covert tools, and their use can deeply intrude upon our privacy. But how far can the authorities go? When is wiretapping lawful, and what can you do if you feel that the tools of secret surveillance have been misused against you? In our article, we explain the most important things to know in an easy-to-understand way.
The purpose of covert tools is to enable authorities to act effectively against crime, especially in cases where an open investigation would not yield results. The law strictly defines the purposes for which these methods can be deployed:
It is important to see that the law grants authorities considerable latitude, as secret tools can be used even for the purpose of establishing the suspicion of a crime. However, this does not mean unlimited freedom. Their deployment must always meet three fundamental conditions: the information must be absolutely necessary and unobtainable by other means, and its application must not result in a disproportionate restriction of rights.
The law categorizes covert tools into three tiers based on the level of intrusion into private life. The more severe the intrusion, the higher the level of authorization required.
These are the methods with the mildest intrusion, which the investigating authority can use under its own authority.
Covert surveillance: The secret, external observation of a person, vehicle, or building and the recording of what is observed. It is important that this does not authorize entry into a home.
Information gathering by deception: A member of the authority may provide false information to achieve a goal. This is in sharp contrast to official interrogation, where deception is prohibited.
Use of a trap: For example, placing a device at a crime scene that helps identify the perpetrator (e.g., a dye pack).
This involves a more serious intrusion, so the authorization of the prosecutor's office, as the body supervising the investigation, is necessary.
Monitoring of financial transactions: Despite bank secrecy, the prosecutor's office can order the monitoring of a bank account's traffic (transfers, income).
Undercover purchase (sting operation): A member of the authority, posing as a buyer or client, obtains evidence (e.g., in cases of drug trafficking or counterfeit products).
Use of an undercover investigator: A member of the authority with a permanently concealed identity can infiltrate a criminal organization to gather information and evidence.
Plea for avoiding prosecution: In special cases, the authority may make a deal with a perpetrator that if they assist in solving a more serious crime, the proceedings against them will be terminated.
These are the most severe tools that most seriously violate privacy. Their use can only be decided by an independent judge, typically in cases of crimes punishable by more than 5 years of imprisonment.
Wiretapping: The secret recording of the content of telephone conversations and other electronic communications.
Secret search: The secret search of a home, office, or vehicle without the knowledge of the person concerned.
Secret surveillance of a location: Placing a "bug" in a home or car to record the events taking place there.
Secret surveillance of an information system: The secret monitoring of data on a computer, phone, or other IT device, essentially a covert search in the digital space.
The essence of using covert tools is that the person concerned is unaware of them. It often only becomes clear later in the investigation, upon reviewing the case files, what methods the authority used to gather evidence. And this is precisely where the role of an experienced defense lawyer becomes crucial.
Our task is to meticulously examine every single step of the authorization process:
If the authorities made a mistake during the application of a covert tool, or if the authorization was not lawful, then the evidence obtained in this way is considered unlawful. And the law states: unlawfully obtained evidence cannot be used in criminal proceedings.
A successful motion for the exclusion of evidence can undermine the entire basis of the prosecution and bring about a favorable turn in the case.
Contact Us with Confidence!
The world of secret investigations is complex and full of pitfalls for both the authorities and citizens. If criminal proceedings have been initiated against you, and there is a suspicion that covert tools have been used, it is essential to have an expert defender who knows the legal background of these methods and is able to identify official errors.
Our firm has significant experience in the field of criminal law. If you or your relative needs professional and resolute legal defense, please contact us. During the initial consultation, we will assess your case and inform you of your options.
If criminal proceedings have been initiated against you or you feel that covert measures are being used against you contact our law firm for expert legal assistance!
