NCJ Number
146148
Journal
European Journal of Crime, Criminal Law and Criminal Justice Volume: 1 Issue: 1 Dated: (1993) Pages: 20-36
Date Published
1993
Length
17 pages
Annotation
The author discusses investigation by computer screening, police surveillance, long-term observation, implementation of technical devices, and deployment of undercover agents.
Abstract
The Law for Combating Illicit Traffic in Narcotic Drugs and Other Manifestations of Organized Crime (OrgK) came into effect in Germany on September 22, 1992. This law includes, among other things, express provisions for investigation by computer monitoring, police surveillance, implementation of technical devices, and deployment of undercover agents. Although the provision of longterm observation is not a part of the OrgK, it is dealt with in this study in view of its practical significance. Inclusion of special investigation methods in the Code of Criminal Procedure reflects two connected social problems: (1) the increasing numbers of drug fatalities and drug addicts; (2) the organized form in which the proliferation of drugs is occurring and the expansion of drug-related crime. There is a brief look at the constitutional background of the new law. The Max Planck Institute prepared a comparative legal study on two questions with regard to the new law: (1) Whether specific procedural regulations for the new crime investigation methods or general clauses which serve as the basis for implementation of such measures can be found in the European Economic Community countries, Austria, Switzerland, and the United States; (2) Whether the new methods of investigation are actually implemented in the individual countries. The comparative legal considerations in this work are based on the results of the Planck Institute study. Considerations are presented for each of the new special methods of investigation. There are concluding statements on the chances for establishing legal foundations, gaps in the catalog of offenses and the legal uncertainty inherent in the application of general clauses, and aspects of effectiveness and practicability. 95 footnotes