The Committee on fighting Organized Crime and Corruption fails to uphold the Bill "On Operative Crime Detection Activities"

01 October 2009, 10:40

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During the meeting of the Committee it was declared that the Bill (Reg.¹2134) envisages the fixing on the legislative support of certain principles regarding the rights and liberties of the citizen following during the operative-investigatory activity and also increasing of the this activity effectiveness by the use of modern technologies of information obtaining.

During the discussion the Members of the committee expressed number of the remarks regarding the Bill. In particular the bill envisages the changing of the existing order of the consent giving for the secret entry to somebody´s dwelling, information obtaining from the data channels, correspondence and phone conversations supervision etc envisaging the compulsory beforehand agreement with the prosecutor concerning the presentation of the operative subdivision director to the court.

 

According to the members of the Committee beforehand agreement with the prosecutor concerning the presentation of the operative subdivision director to the court may lead to the fact that it would actually depend only on the prosecutor but not on the court.

During the meeting of the Committee it was stressed that it would be logical that the corresponding director of the operative subdivision is allotted with the right to appeal to the court even in case of the prosecutor rejection and presupposing the prosecutor is obliged to direct his corresponding decision to the court.

 

The Members of the committee deem it logical to introduce the additions to the Criminal Procedural Code that would regulate the temporary restriction of the human rights.

During the meeting of the Committee the other drawbacks of the Bill were elucidated, consequently as a result of a discussion the peoples Deputies expressed for the rejection of the Bill.