Eavesdropping or Tapping in Relation to The Value of Probation and Issues in The Procedural Aspect (Aspects from The Analysis of The Practice of Judicial Investigation)

Abstract

Eavesdropping nowadays is a technique widely applied and effective in the fight against organized crime and terrorism, but also represents one of the most disturbing problems worldwide in relation to non-compliance of legal procedures and violations of human rights. In our country, taking occasion by the judicial practice in Albania, where eavesdropping serves as probation search tool and presents itself the problematic with positive and negative elements regarding the validity or without validation of evidence during the judicial investigation of the case. This paper is an attempt to better understand the flow, the use, probative value and impact of eavesdropping into people's lives. The paper aims to understand the decisions, prohibitions regarding the use of eavesdropping and eavesdropping by other procedures. In addition, this work aims to make a historical overview of eavesdropping in Albania, as a procedural tool to evidence research (presenting it in different periods). Eavesdropping is a delicate tool, so its use should be done very carefully. Environmental and phone tapping give priority value and necessity in order of searching evidence tools. However, on the other hand, we should know that, is there certain limit and up to where reaches the target of eavesdropping use as research tool of proof?

DOI: 10.5901/ajis.2014.v3n4p387