Investigations Flashcards
1
Q
Goals of investigation
A
- Gather evidence and intellgence
- Prevent criminal offences
- Identify an offender
2
Q
Who can conduct investigations?
A
- Police / prosecution (executive)
- Investigative judges (NL and G)
3
Q
Investigative judges
A
- NL: actively involved by request of prosecution; oversee, control, authorize measures, directlt hear witness…
- G: passive role (reviewing investigative measures)
4
Q
Relation police and prosecution
A
- G: strict hierarchy (police subordinated); all investigations governed by GPC
- EN: police independent from CPS
- NL: close coordination; a police officer may assume the role of assistant prosecutor
5
Q
Legal safeguards balancing the coercive nature of measures
A
- Suspicion
- Subsidiarity (ultima ratio)
- Necessity
- Proportional to the severity of offence
6
Q
Tapping a conversation and intimate issues are discussed: NL? G?
A
- NL: incldued in dossier and destroyed after case finishes
- G: illegal; immediate delete and interruption of tapping
