16 DRAGOJEVIĆ v. CROATIA JUDGMENT measures do not relate to an individual concerning one of the offences under Article 181 of the Code of Criminal Procedure; or if a measure other than those provided for by law is ordered. A further condition, referred to in the decision of the Constitutional Court [no. UIII-857/2008 of 1 October 2008; see paragraph 57 above] invoked by the appellants is the requirement that the general conditions for the use of such orders have been met, namely, the existence of probable cause to believe that an individual has committed one of the offences listed under the law, with regard to which the order is issued, and that the investigation cannot be carried out by other means or that it would be extremely difficult. It goes without saying that the investigating judge, when ruling on the request of the State Attorney, must take these general conditions into account. However, since the lack of reasons does not render the evidence obtained unlawful ex lege, the mere fact that an order has been issued based on a request by the State Attorney indicates that the general conditions have been met. However, if the investigating judge disagrees with the request to issue an order for the use of special investigative measures, and finds that the general conditions have not been met, he or she will request the panel under Article 20 § 2 of the Code of Criminal Procedure to rule on the matter, ... Of course, a citizen whose constitutional rights and freedoms are thus limited, which is possible under Article 16 of the Constitution only in accordance with the law and in order to protect the rights and freedoms of others or the legal order, public morals or health, must be able to verify whether the legal conditions, including the general ones, for such limitation have been met, in order to protect his or her constitutional rights from unjustified infringement by the executive, and possibly judicial, authorities. It is therefore understandable that the accused are now challenging the lawfulness of the orders from the perspective of the general conditions for their use, which is certainly relevant for the question of the lawfulness of the evidence thus obtained. ... Furthermore, in order that the court may issue an order for the use of special investigative measures, the request for their use must contain a statement of reasons to the effect that the investigation cannot be conducted by means other than interfering with the constitutional rights and freedoms, or that this would be extremely difficult. The very fact that the order has been issued, ..., even if, contrary to the law, it does not contain reasons, in itself implies acceptance of the arguments contained in the reasons for the request [for the use of special investigative measures]. However, fully accepting the rights of citizens to question the existence of the general conditions for issuing an order, the court being requested to exclude from the case file evidence obtained by such contested orders for the use of special investigative measures is obliged, where no reasons are stated in the order contrary to Article 182 § 1 of the Code of Criminal Procedure, to provide specific reasons with regard to the relevant questions. That court ... must carefully analyse the content of the request of the State attorney [for the use of special investigative measures] and other accompanying material and decide whether it can conclude from the request that, at the relevant time, there existed a suspicion that an individual had committed one of the offences listed under the law, and why it considers that obtaining the evidence by the use of measures interfering with the constitutional rights of citizens is necessary ... These answers, contrary to the appeal submissions, can be given when ruling on the lawfulness of the orders issued [for the use special investigative measures] given that the orders, contrary to Article 182 § 1 of the Code of Criminal Procedure, do not contain a statement of reasons, and that the lawmaker, having regard to the provisions of Article 282 § 6 of the Code of Criminal Procedure, did not sanction it by