Problems related to the time limits of covert investigative action in a criminal case and notification of covert investigative action according to the Criminal Procedure Code of Georgia

Authors

  • Khvicha Begiashvili Davit Agmashenebeli St. Georgia University

Keywords:

Covert Investigative Action, Deadlines, Mandatory Notification

Abstract

For the scientific article: Problematics related to the terms of undercover investigative activities and notification on undercover investigative activities of a criminal case, according to the Criminal Procedure Code of Georgia. From October 1, 2010, Georgia has a new Criminal Procedure Code, which as per recommendations of the Committee of Ministers of the Council of Europe, ensured simplification and acceleration of an investigation. Regardless of the mentioned, the Criminal Procedure Code still contains the problematic issues, which are not unequivocally defined by the law and hinder the simplification of an investigation and procrastinate an investigation in some cases due to establishment of the unfounded artificial legislative barriers or faulty practice. The article examines the problematic issues arising in practice related to the terms of undercover investigative activities and notification on conducting undercover investigative activities; the advantages and disadvantages of the regulatory procedural norms of the mentioned issue and their settlement; the role of undercover investigative activities in acceleration and simplification of judicial procedure.The content of the article reveals the experience of foreign countries and former procedural rules of Georgia on the issues to be discussed and international recommendations. The mentioned article will hopefully arouse the interest of both practitioners working on criminal cases and scientists of the criminal field.In conclusion, it is worth mentioning that all procurators and investigators of Georgia almost every day face the problem discussed in the article in their daily activities. Consequently, scientific analysis of the issue and sound settlement of the raised problems will hopefully lead to the necessary legislative changes, which will assist the satisfaction of requirements of a timely, thorough and successful investigation of criminal cases.

Published

2022-09-19