STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA
This article focuses on applying the provisions of the Criminal Intelligence Law to detect criminal offences. Based on the recent case law of the Supreme Court of Lithuania, the author provides insights into the problematic aspects of the application of certain provisions of the Criminal Intelligenc...
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| Format: | Article |
| Language: | English |
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Mykolas Romeris University
2025-02-01
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| Series: | Jurisprudencija |
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| Online Access: | https://ojs.mruni.eu/ojs/jurisprudence/article/view/8605 |
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| author | Aurelijus Gutauskas |
| author_facet | Aurelijus Gutauskas |
| author_sort | Aurelijus Gutauskas |
| collection | DOAJ |
| description | This article focuses on applying the provisions of the Criminal Intelligence Law to detect criminal offences. Based on the recent case law of the Supreme Court of Lithuania, the author provides insights into the problematic aspects of the application of certain provisions of the Criminal Intelligence Law. It examines the extent to which the tools of criminal intelligence can legitimately invade a person’s private life. The conditions for provocation by criminal intelligence, the criteria for (non-)recognition of evidence collected by private individuals, the problems of establishing a factual basis for initiating a criminal intelligence investigation, and the nuances of the duration of non-public actions are discussed. The Code of Criminal Procedure does not regulate the conditions for the use in criminal proceedings of data obtained in the course of a criminal intelligence investigation; therefore, it is decided on a case-by-case basis, taking into account, inter alia, the case law of the Supreme Court of Lithuania, and whether the information obtained in the course of a criminal intelligence investigation meets the requirements for evidence set out in the Code. |
| format | Article |
| id | doaj-art-e756f676120b4464aed202c653dc8f85 |
| institution | OA Journals |
| issn | 1392-6195 2029-2058 |
| language | English |
| publishDate | 2025-02-01 |
| publisher | Mykolas Romeris University |
| record_format | Article |
| series | Jurisprudencija |
| spelling | doaj-art-e756f676120b4464aed202c653dc8f852025-08-20T01:52:14ZengMykolas Romeris UniversityJurisprudencija1392-61952029-20582025-02-01312339355STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIAAurelijus Gutauskas0Vilnius universityThis article focuses on applying the provisions of the Criminal Intelligence Law to detect criminal offences. Based on the recent case law of the Supreme Court of Lithuania, the author provides insights into the problematic aspects of the application of certain provisions of the Criminal Intelligence Law. It examines the extent to which the tools of criminal intelligence can legitimately invade a person’s private life. The conditions for provocation by criminal intelligence, the criteria for (non-)recognition of evidence collected by private individuals, the problems of establishing a factual basis for initiating a criminal intelligence investigation, and the nuances of the duration of non-public actions are discussed. The Code of Criminal Procedure does not regulate the conditions for the use in criminal proceedings of data obtained in the course of a criminal intelligence investigation; therefore, it is decided on a case-by-case basis, taking into account, inter alia, the case law of the Supreme Court of Lithuania, and whether the information obtained in the course of a criminal intelligence investigation meets the requirements for evidence set out in the Code.https://ojs.mruni.eu/ojs/jurisprudence/article/view/8605private lifecriminal intelligencecovert operationscassation court |
| spellingShingle | Aurelijus Gutauskas STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA Jurisprudencija private life criminal intelligence covert operations cassation court |
| title | STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA |
| title_full | STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA |
| title_fullStr | STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA |
| title_full_unstemmed | STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA |
| title_short | STANDARDS OF PROTECTION OF PRIVATE LIFE IN CRIMINAL INTELLIGENCE INVESTIGATIONS IN THE CASE LAW OF THE SUPREME COURT OF LITHUANIA |
| title_sort | standards of protection of private life in criminal intelligence investigations in the case law of the supreme court of lithuania |
| topic | private life criminal intelligence covert operations cassation court |
| url | https://ojs.mruni.eu/ojs/jurisprudence/article/view/8605 |
| work_keys_str_mv | AT aurelijusgutauskas standardsofprotectionofprivatelifeincriminalintelligenceinvestigationsinthecaselawofthesupremecourtoflithuania |