DRAGOJEVIĆ v. CROATIA JUDGMENT 17 unlawfulness of evidence obtained by the use of such defective orders. The purpose of the provision concerning unlawful evidence is not to exclude evidence in favour of persons in respect of whom there is a reasonable suspicion that they have committed an offence, but to protect citizens who are presumed innocent (until proven guilty) from illegal actions by the judicial and executive authorities where such actions are illegal to such an extent that the lawmaker expressly categorised the results as unlawfully obtained evidence.” 59. More recently, in its decision no. I-Kž-437/13-4 of 21 August 2013, the Supreme Court interpreted the requirements of Article 180 § 1 of the Code of Criminal Procedure in the following manner: “The statement of reasons of the impugned decision states that all orders authorising or extending secret surveillance measures ... contain the opinion that there is a probable cause to believe that the offence has been committed and that the investigation cannot be conducted by other means or would be extremely difficult. Such a statement, without specifying the circumstances which indicate that there is probable cause to believe [that an offence has been committed] and a mere [statutory] statement that the investigation cannot be conducted by other means and that it would be extremely difficult, without giving reasons in the decision, make the decision incomprehensible and contradictory ... Moreover, the impugned decision lacks relevant and sufficient reasons regarding a probable cause to believe that the accused has committed an offence proscribed under Article 181 of the Code of Criminal Procedure. It is also necessary to state the reason why the investigation cannot be conducted or would be extremely difficult to conduct by other means, as provided by Article 180 § 1 of the Code of Criminal Procedure.” 60. The Constitutional Court, in its decision no. U-III-2781/2010 of 9 January 2014, accepted the position of the Supreme Court in decision no. I-Kž-61/09-3 of 3 February 2009 (see paragraph 58 above), noting that: “The impugned orders, pursuant to the relevant provisions of the Code of Criminal Procedure, should have contained: (a) a valid assessment of the ‘probable cause to believe that (the appellant) alone or jointly with others participated’ in one of the offences listed under Article 181 of the Code of Criminal Procedure: and (b) an assessment that an investigation in respect of the offences ‘by other means would either not be possible or would be extremely difficult”. The Constitutional Court has assessed the relevant part of the judgment of the Supreme Court and finds that the Supreme Court correctly applied the relevant provisions of the Code of Criminal Procedure by holding that, if the orders for the use of special investigative measures do not contain reasons, they can, under certain conditions, be reasoned in the first-instance judgment or the decision concerning the request for the exclusion of unlawfully obtained evidence.” 61. In several decisions, nos. U-III-535/1996, U-III-1781/2004, U-III4879/2012 and U-III-2745/2013, the Constitutional Court declared inadmissible constitutional complaints against the dismissal of objections against indictments on the grounds that those were not individual acts against which a constitutional complaint could be lodged. Similarly, in cases nos. U-III-2716/2012, U-III-2783/2012, U-III-423/2013 and U-III1317/2014 the Constitutional Court held that a constitutional complaint could not be lodged against a decision confirming the indictment. It also

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