Abstract
The authors in this paper deal with special investigative actions in Baltic countries. Special investigative measures today represent one of the most important measures in the fight against serious criminal offences, but its improper use endangers fundamental human rights, especially the right to privacy and the right to a fair trial. The article is divided into three main parts. After the introductory remarks, the authors elaborate the Lithuanian criminal procedure legislation, which influenced development of the European Court of Human Rights's jurisprudence in the field of the undercover investigator. Latvian solutions are explained in the next part and its main characteristic are numerous special investigative measures. Finally, the authors explain Estonian legislation. The authors specifically consider and analyse the positions of the European Court of Human Rights through judgments rendered in this field. A wide range of special investigative actions indicates their diversity, but mostly the solutions of all three legal frameworks are in line with the standards of the European Court of Human Rights.
Highlights
The authors in this paper deal with special investigative actions in Baltic countries
The ECtHR, must ascertain whether the proceedings as a whole, including the way in which evidence was taken, were fair (Turanjanin, 2022; see Čvorović, 2016, pp. 43-53). It will be dealt with the criminal procedure legislation of the Baltic countries pertaining to special investigative actions, starting with the Lithuanian one, which had a significant impact on the development of the jurisprudence of the ECtHR
The role of special investigative actions is of paramount importance in proving the organised crime, corruption or economic criminal offences
Summary
In Lithuania, the country of origin of fictional Hannibal Lecter, the Law on Operational Activities (2002) (hereinafter: LOA) regulates the matter of operational activities. Lithuania defines entrapment as an action that is opposed to a legitimate undercover special operation This is a situation in which the involved officers do not essentially passively investigate a potential criminal activity. It observed that it was aware of the problems that the police had in their search for and gathering evidence in order to detect and investigate criminal offences They are increasingly needed to deploy undercover agents, informers, and covert tactics to carry out this mission, in the fight against organized crime and corruption 580) in which the ECtHR recalled Ramanauskas judgment It defined entrapment as a violation of Article 6 paragraph 1 of the ECHR, as opposed to the employment of lawful undercover techniques in criminal investigations, for which proper safeguards against abuse were required.
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