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Anrijs Kavalieris

Abstract

The experience gained in process of investigation of organized criminality in Latvia testifies, the fact that it is hardly possible to prove the guilt and we can seldom succeed by collecting evidence in the traditional, century old manner – using such legal investigative activities as interrogation, confronting, search, etc.
The draft supplement to the Law on Criminal Procedure in force has been worked out on the basis of this research.
The special procedure of investigation activities, foreseen in the mentioned chapter is expressed in three ways: Firstly, the investigator completes the investigative activities mentioned in this chapter only according to the order of specially authorised prosecutor or judge.
Secondly, the person, against whom or whose activities are investigated, is not informed about the investigation at once and so that he/she cannot interfere and affect the process of collecting evidence. They get to know about the fact and the results of activities after completion of pre-trial investigation when they are introduced with the materials of the case.
Thirdly, the above-mentioned activities are charged with the police or other authorized law enforcement institutions
The worked out supplement to the Law on Criminal Procedure provides nine investigative activities to be completed according to special procedure. They include: control of all types of legal correspondence, control of all types of communication, audio control of the place or the person, video control of the place, observation and surveillance of the person, observation of the object or the place, the investigative experiment completed according to special procedure, the process of obtaining patterns for comparative investigation and control of the criminal activities.

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Articles