download
download
download
- No tags were found...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
the person against whom were implemented the measures referred to in Article 504eparagraph 1 of this Code, if his identity was established during the implementation of themeasure. The materials shall be destroyed under the supervision of the investigatingjudge. The investigating judge shall compile a record of the actions referred to in thisparagraph.(4) If during the implementation of the measures referred to in Article 504e paragraph 1of this Code it was acted contrary to provisions of this Code or the order issued by theinvestigating judge, a court decision may be based on the collected data. Provisions ofArticle 99 of this Code shall apply accordingly to any data and information obtained. Theprovisions of Article 178 paragraph 1, Article 273 paragraph 4, Article 337 paragraph 3and Article 374 paragraph 4 of this Code shall apply accordingly to recordings made incontravention of the provisions of Articles 504e to 504z of this Code.(5) If the materials collected by the implementation of the measures referred to in Article504e paragraph 1 of this Code are related to a criminal offence that has not beenincluded in the order issued by the investigating judge referred to in Article 504eparagraph 3 of this Code, such materials may be used in criminal proceedings only if theproceedings relate to a criminal offence that is one of criminal offences referred to inArticle 504a of this Code.2) Providing simulated business services and simulated legal servicesArticle 504i(1) Where there are grounds for suspicion that a criminal offence referred to in Article504a of this Code has been committed, the investigating judge may, at the request of thepublic prosecutor, authorise the provision of simulated business services or theconclusion of simulated legal contracts, if it is not possible to collect evidence requiredfor criminal prosecution in another way, or if their collection would be very difficult.(2) The measure referred to in paragraph 1 of this Article may also exceptionally beordered if there exist grounds for suspicion that one of the criminal offences referred toin Article 504a of this Code is being prepared, and the circumstances of the caseindicate that it would not be possible to detect, prevent or prove the criminal offence inanother way, or that it would cause disproportionate difficulties or a great danger.(3) The written and substantiated order of the investigating judge ordering the measurereferred to in paragraph 1 of this Article shall contain data on the person against whomthe measure is being implemented, the legal designation and description of the criminaloffence, the type, scope, location and duration of the measure.(4) The duration of the measure referred to in paragraph 1 of this Article may not exceedsix months. Acting on a substantiated request of the public prosecutor, the investigatingjudge may extend the duration of the measure by another three months at most. Inordering and extending the duration of the measure, the investigating judge shallspecifically assess whether the same result could have been achieved in a mannerimposing fewer limitations on citizens’ rights.Article 504j