Podmiotowe i przedmiotowe granice stosowania podsłuchu w procesie karnym

Abstract

The article discusses the subjective and objective scope of tapping in criminal proceedings. To that end, the author analyses the provisions of the Code of Criminal Procedure related to the conversations control and recording. The issue of admissibility of applying of such coercive measure is strictly linked with giving consideration to the protection of interests of administration of justice and to the possibility of interference in the privacy of individual. This thesis causes that the aim of the article is balancing of the contradictories interests so as to find in this situation the compromising solution. It is particularly apparent with reference to the controversial and complex problem of the extension of tapping’s boundaries. In this scope amendments to the Code of Criminal Procedure by the Act of 4 February 2011 and by the Act of 11 March 2016 have been analysed and new amendments in this aspect proposed. The opinion is herein presented that for tapping without court’s consent, should not be allowed to exceed limits set forth in the relevant court’s decision.