A posteriori control of the legality of evidence resulting from the specific intelligence gathering activities

Abstract

The use in criminal proceedings of evidence resulting from the specific intelligence gathering activities carried out by specialised state bodies has always been a subject of controversy and debate in judicial practice. In this study we will analyse the conditions under which data resulting from specific intelligence gathering activities involving the restriction of the exercise of fundamental human rights or freedoms may be used as evidence in criminal proceedings, as well as the way in which the legislator has intended to regulate the procedure for verifying the legality of authorising and carrying out such activities.