Stručni rad
The Use of Transcripts in Disciplinary Procedures against Police Officers
Damir Juras
orcid.org/0000-0002-2933-5897
; voditelj Odsjeka prvostupanjskog disciplinskog sudovanja Ministarstva unutarnjih poslova u Splitu
Sažetak
Special investigations of félonies conducted by surveillance and recording of téléphoné conversations and other forms of long distance communication, with temporary limitation of constitutional rights and freedoms, are stipulated by court orders (warrants) for the most serions félonies as defined by the law, Conversations are recorded on thè appropriate medium, whïle important parts of the records are transcribed (transcripts). Düring such investigations, the police
obtain information on the illégal behaviour of police officers. The results ofspecial investigations may be used as evidence in criminal procedu-
res only ifa warrant has been issued for the person and felőny for which evidence has been gathered, i.e. ifa third party found themselves in thè criminal activities of the person for whom a warrant has been issued and ifit is the felőny for which the warrant has been issued. In disciplinary procedures against police officers conducted according to the mies of administrative procedure, ail evidence gathered by special investigation may be used, regardless of thè identity of the individual for whom a court order has been issued and of the felony for which the evidence has been gathered, To confirm this viewpoint, the author has shown administrative and court practices, and based his opinion on the stipulation ofArticle 159 of the Law on General Administrative Procedure, according to which everything provided with the pur-
pose of establishing the facts may be used as evidence in administrative procedures, Furthermore, he cited courts whose established practices hâve been that it is possible to use official notes and polygraph testing in administrative procedures, whereas they cannot be used in criminal proceedings where they represent only informai facts, i.e. »police« (informai) evidence. The courts hâve also established that the records made on the same occasion (which is the object of disciplinary
procedure) may be used by other competent bodies. The author has quoted two decisions ofthe Administrative Court of the Republic ofCroatia that hâve confirmed the legality ofusing transcripts in disciplinary procedures against police officers.
Ključne riječi
disciplinary procedure; police officer; special investigations; transcripts; administrative procedure
Hrčak ID:
135556
URI
Datum izdavanja:
9.9.2008.
Posjeta: 999 *