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EUROPEAN STANDARDS AND ACTUAL ISSUES OF THE TAPPING IN SLOVAK CRIMINAL PROCEDURE LAW

M. Deset

Abstract

The tapping is one of the information-technical means, which are regulated by the Slovak criminal procedure law, especially for investigation of most serious crimes like terrorism, organized crime or economic crime. Its meaning is that the getting of evidences is provided from persons, who have relevant information for the criminal procedure in the real time. Their conversation is spontaneous and information, which they are sharing, are not distorted. However, considering the fact that this mean is necessary connected with breach into the right to privacy, its use needs the acceptable balance between the public interest to investigate the crime and prove guilty of its perpetrator on the one hand, and the public interest to protect the right to privacy of potentially inflicted persons on the other hand. Therefore, considering this balance between two public interest, the aim of this paper is to search the tapping in Slovak criminal procedure law and some actual issues of the tapping, especially the tapping in the criminal procedure against corporation, and interpret the legal standards as the legality, the proportionality and the legitimacy according to the case law of Constitutional Court of Slovak Republic, Constitutional Court of Czech Republic and European Court of Human Rights that is applicable on this situation. This aim should be reached by the use of the current methods of scientific work, especially the analyse and the comparison. The preliminary conclusion of this paper is that the tapping should be used in the criminal procedure against corporation only with the strict respect to the right to privacy of employees. That means that the conversations of all employees of corporation cannot be tapped, but it can be possible only in cases of reasonably suspected persons (employees) for the commitment of crime.

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