Selected Papers Presented at the Fourth Central and Eastern European Forum for Legal, Political and Social Theorists, Celje, 23–24 March 2012
Edited By Péter Cserne, Miklós Könczöl and Marta Soniewicka
Introduction of Criminal Law Powers in Other Legal Procedures: A Convenient Bypass for Obtaining Evidence?
In Slovenian law, several new types of non-criminal legal procedure against criminal conduct have been introduced recently. This paper analyses the powers Slovenian Police can exert in the procedure provided for by the State Border Control Act (SBCA). These powers are rather similar to those of the criminal procedure. Similar rules apply also to Slovenian Customs under the Custom Service Act (CSA). Conditions for the exercise of these investigative powers in border and customs procedures are less strict and can enable the police to bypass the stricter regulation of the Criminal Procedure Act (CPA). The main focus of this paper is on the question whether such powers and their regulation is contentious from the viewpoint of the Constitution of Slovenia, if such an extension of criminal law powers weakens human rights protection, and whether evidence, obtained according to SBCA or CSA can be used in criminal procedure.
The first part of this paper discusses the powers of the Slovenian police granted by these leges speciales. The second part focuses on the constitutional regulation of relevant human rights (protection of dwellings and the right to privacy and personality rights) and the potential issues that arise from the constitutional viewpoint in Slovenia or some other jurisdictions (USA and the European Court for Human Rights). The third part compares these regulations with their counterparts laid down in the CPA, and offers an answer to the question as to whether and under which...
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