DRAGOJEVIĆ v. CROATIA JUDGMENT
13
3. covert monitoring of persons and objects ...”
Article 180a
“Recordings, documents and objects obtained under the conditions provided for in
Article 180 § 1 (1), ... (3) ... and Article 182 of this Code can be used as evidence in
the criminal proceedings. ...”
Article 181
“Measures under Article 180 of this Code can be ordered in respect of the following
offences:
1. ... against the values of international law (Chapter XIII) ...”
Article 182
“(1) The measures under Article 180 of this Code shall be authorised by a written
reasoned order of the investigating judge. The order shall be executed by the police.
The order shall stipulate all relevant information about the individual concerned, the
circumstances justifying the need for the measures, the time-limits within which the
measures can be carried out – which must be proportionate to the legitimate aim
pursued – and the scope and place of the measures. ...
(2) The measures can last for a maximum period of four months. Following a
request by the State Attorney, the measures can be extended for a further three
months. In the event of a disagreement between the State Attorney and the
investigating judge, a decision shall be taken by a [three-judge] panel (Article 20 § 2).
Where there are no grounds for further surveillance, the investigating judge shall
order the discontinuation of the measures. If the State Attorney drops the charges, or if
the results of the measures are not relevant for the criminal proceedings, [these
results] shall be destroyed under the supervision of the investigating judge, who shall
draw up a record accordingly and file it in the case file.
...
(6) If measures under Article 180 of this Code have been taken without an order of
the investigating judge or contrary to Articles 180 and 182 § 2 of this Code, the
evidence and information thus obtained cannot be used in the criminal proceedings..
...”
Article 182a
“(1) The measures under Article 180 of this Code shall be executed by the police.
During their execution, the police shall prepare daily reports and other documentation
related to the recordings which, based on a special request, shall be forwarded to the
investigating judge or the State Attorney’s Office.
(2) Upon the expiry of the use of the measures, the police shall submit a special
report to the State Attorney’s Office and the investigating judge in which they shall
indicate:
1. the time of the beginning and end of the use of the measure;
2. the number and nature of activities undertaken by the State officials in the
execution of the measure;
3. the type and number of technical devices used;
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