Electronic Evidence and Covert Investigations: What You Need to Know
Short answer
How wiretapping results, data interception, and other covert investigative actions are used in court. Covert actions (NSRD) are conducted without the knowledge of the target and aimed at collecting evidence. They are the most invasive investigative tool. Verify the existence and legality of court orders for covert actions
- Published
- Legally reviewed
- Author
- Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015
Step-by-step action plan
- 1Verify the existence and legality of court orders for covert actions
- 2Analyze protocols for compliance with the Criminal Procedure Code
- 3Check whether evidence resulted from provocation
- 4Expert examination of recordings and digital files for authenticity
- 5Challenge admissibility in court proceedings
Covert Investigative (Search) Actions
Covert actions (NSRD) are conducted without the knowledge of the target and aimed at collecting evidence. They are the most invasive investigative tool.
Types of Covert Actions
Evidence Admissibility
Defense Strategy
Rule of law and case law
What the law provides
- Criminal Procedure Code of Ukraine — ст. 84, 86–87, 99, 246–275, 290
What follows from case law
Supreme Court practice calls for review of authorization, collection procedure, disclosure to the defense, recording integrity and absence of entrapment; consequences depend on the seriousness of the violation.
Official sources
- LawCriminal Procedure Code of Ukraine — ст. 84, 86–87, 99, 246–275, 290
- Supreme CourtSupreme Court review on inadmissible evidence
- RegistryUnified State Register of Court Decisions
- RegistrySupreme Court Legal Positions Database
Frequently asked questions
What should be done first?
Verify the existence and legality of court orders for covert actions
Which laws govern this situation?
The key rules are contained in the official texts: Criminal Procedure Code of Ukraine — ст. 84, 86–87, 99, 246–275, 290.
Is a Supreme Court conclusion itself a rule of law?
No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.