Speciālās izmeklēšanas darbības vakar, šodien un rīt

The section of the monograph titled “Special Investigative Measures: Yesterday, Today and Tomorrow” is aimed at examination of the complex development and evolution of special investigative measures, to analyse current legal issues associated with their application, and to review statistical data pertaining to their implementation. The study substantiates the necessity of enhancing both the legal framework governing such measures and the organizational practices of pre-trial investigative institutions in their execution. The research reveals that, in light of an expanding understanding and increasing standards regarding the protection of individuals’ private life, as well as in accordance with the jurisprudence of the Court of Justice of the European Union, the procedure for granting investigative authorizations requires reassessment. Specifically, it is proposed that access to retained data during criminal investigations should be subject to approval by an investigative judge. Furthermore, it is emphasized that a repeated special investigative experiment, in itself, does not constitute evidence of provocation, although the necessity of the measure and the legality of prior actions must be evaluated. The implementation and use of special investigative measures within criminal proceedings must also comply with the principle of operational secrecy. Prior to obtaining comparative samples dependent on the individual’s will, it is necessary to consider the individual’s procedural status and any procedural measures already carried out overtly. Provision should be made for informing persons about the violation of their rights in proceedings that have been terminated without establishing a criminal offense. Notably, despite an increase in the number of criminal offenses committed over the past three years, the number of conducted special investigative measures has declined.