The Problem of Using the Results of Criminal Intelligence and Surveillance Operations Should be Finally Resolved
The article raises the problem of the possibility and forms of using information obtained in the course of intelligence and surveillance operations for proving in criminal cases. Based on the results of his previous research in the field of evidence law, analyzing the norms of current legislation, doctrinal determinations on this issue, modern judicial and investigative practices, the author comes to the conclusion that contemporary scientific approaches and applied technologies of forming evidence based on the results of intelligence and surveillance operations are pseudo-procedural, artificial, and, in fact, are no more than a cover for information obtained as the result of intelligence and surveillance operations and constitute the most convenient type of evidence without any understanding of their gnoseological nature and essence. The author invites his colleagues to recognize that the only possible solution to the problem of using the results of intelligence and surveillance operations for providing evidence in criminal cases is to legalize the mechanisms of their direct and straightforward introduction into the criminal proceedings without the need for any imaginary, illusory procedural formalization. Taking into account possible negative consequences of the proposals being made, being aware of the likely risks and the potential danger of lack of control and permissiveness of law enforcement officers, the author simultaneously formulates the criteria for admissibility of using information collected during intelligence and surveillance operations for providing evidence in criminal cases. In his opinion, they include: a) non-reproducibility of the results obtained by investigative or judicial means; b) the possibility of checking and assessing the relevance, admissibility and reliability of the results obtained by criminal procedural means; c) the existence of a strictly formalized mode of carrying out intelligence and surveillance operations that in terms of the level of guarantees is not inferior to the regime established by criminal procedure law.