Controlled Delivery – de Lege Lata, the Compulsory Measure of Criminal Trial – Fe Lege Ferénda
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Abstract
Lithuania is considering as transit state because of its geographical and geopolitical positiona. Our state became the member of Europe Union on the 1st May‘ 2004. One of strategic purpose of Lithuania as member of Europe Union is ensure of outside borders with Russia and Byelorussia security. Because of that security of state borders and control of smuggling were started to coordinate not only on state level, but either regularize with others Europe Union states.
The research represents the one of method of compulsory measure implementation – controlled delivery. This unadvertised method of prosecution isn‘t considered in juridical literature, because of those authors of article analysed the legal questions concerning the controlled delivery, and special features of its implementation.
The analysis of legal grounds showed, that this method implementing by law enforcement institutions is characterised, but translation of international law statutes in Lithuanian language isn‘t uniformed, that determines different terms of this method, it can deform the essence of method.
Squad actions and methods incorporated in penal procedure oblige the representatives of criminalistic science to prepare criminalistics tactical methods, recommendations and technical measures.
Controlled delivery is effective method of criminal actions investigation, by that we can control detention process of subjects of smuggling, secure from untimely disclosure of witnesses, destruction of smuggling object and others. The main purposes of it:
1) establish, detain smuggling subjects;
2) destroy and resolve organised groups or criminal alliances occupied smuggling;
3) improve the quality of investigation by establishing unknown and often high rate subjects of smuggling (for example, organizer);
4) receive additional information for quick and comprehensive pre-trial investigation of criminal action;
5) receive the evidential facts, that illegal action was committed purposely;
6) establish transporting methods and storages of smuggling objects;
7) detect the additional smuggling objects;
8) confirm the end consumer of smuggling goods (customer).
During controlled delivery that implemented according Lithuanian Operative actions law investigator all received information can use as operative information for crime investigation. Suchan informationa pre-trial investigator can exchange with another states or institutions according certain contracts. But suchan information can‘t be the ground for pre-trial investigation start, for certain actions of pre-trial investigation and compulsory measures implementation.
During controlled delivery that implemented according the Penal Code of Lithuania, article 158, received and fixated information is evidential and can be accepted as evidences in court.
The research represents the one of method of compulsory measure implementation – controlled delivery. This unadvertised method of prosecution isn‘t considered in juridical literature, because of those authors of article analysed the legal questions concerning the controlled delivery, and special features of its implementation.
The analysis of legal grounds showed, that this method implementing by law enforcement institutions is characterised, but translation of international law statutes in Lithuanian language isn‘t uniformed, that determines different terms of this method, it can deform the essence of method.
Squad actions and methods incorporated in penal procedure oblige the representatives of criminalistic science to prepare criminalistics tactical methods, recommendations and technical measures.
Controlled delivery is effective method of criminal actions investigation, by that we can control detention process of subjects of smuggling, secure from untimely disclosure of witnesses, destruction of smuggling object and others. The main purposes of it:
1) establish, detain smuggling subjects;
2) destroy and resolve organised groups or criminal alliances occupied smuggling;
3) improve the quality of investigation by establishing unknown and often high rate subjects of smuggling (for example, organizer);
4) receive additional information for quick and comprehensive pre-trial investigation of criminal action;
5) receive the evidential facts, that illegal action was committed purposely;
6) establish transporting methods and storages of smuggling objects;
7) detect the additional smuggling objects;
8) confirm the end consumer of smuggling goods (customer).
During controlled delivery that implemented according Lithuanian Operative actions law investigator all received information can use as operative information for crime investigation. Suchan informationa pre-trial investigator can exchange with another states or institutions according certain contracts. But suchan information can‘t be the ground for pre-trial investigation start, for certain actions of pre-trial investigation and compulsory measures implementation.
During controlled delivery that implemented according the Penal Code of Lithuania, article 158, received and fixated information is evidential and can be accepted as evidences in court.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
