Importance Of Special Investigation Measures For Uncovering, Investigating And Solving Criminal Offences: Key Factors To The Quality Of A Safety Life

Çeku O. M., Morina M., Azemi F., Ali Eren M.

Quality - Access to Success, cilt.24, sa.197, ss.48-55, 2023 (ESCI) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 24 Sayı: 197
  • Basım Tarihi: 2023
  • Doi Numarası: 10.47750/qas/24.197.06
  • Dergi Adı: Quality - Access to Success
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Scopus, Agricultural & Environmental Science Database, Central & Eastern European Academic Source (CEEAS), Metadex, Civil Engineering Abstracts
  • Sayfa Sayıları: ss.48-55
  • Anahtar Kelimeler: covert measures, criminal offence, Criminal Procedure Code, Quality of safety life, surveillance
  • Hacettepe Üniversitesi Adresli: Evet

Özet

Today, people do not feel safe due to increasing number of criminal incidents in their vicinity especially in big cities. This situation has a negative influence in their life quality. They hesitate to go out for a walk at night, they feel in need of some safety precautions while they are leaving their homes even for a short vacation, and so on. Special investigation and surveillance measures have been incorporated into the legal system and legal practice to increase the efficiency of law enforcement agencies and the judicial system, which dissuades potential criminals from committing anything and helps people feel safe and relief. These measures are used when there is a reasonable suspicion that a criminal offense has been committed or an attempt has been made to commit a criminal offense punishable by a minimum of five years in prison, as well as in cases when criminal offenses violate territorial integrity and constitutional order, or when criminal offenses violate international law, criminal offenses are committed in relation with terrorism, corruption, or organized crime. The measures are authorized in cases where information about commission of a criminal offense cannot be obtained without the use of covert and technical investigative and surveillance measures. The new Criminal Procedure Code in Kosovo gives State Prosecutors expanded powers to authorize some special investigative measures even without an order from the preliminary procedure judge. These measures are authorized by the prosecutor when there is an investigation in public places, while for covert measures in private places, the order from a preliminary procedure judge is required. In the study, a comparative analysis was made with the criminal legislation of the Republic of Turkey. The study shows that implementing these measures is significant for the improvement of the criminal justice system's efficiency in preventing and combating crime, particularly serious crime.