| Abstract [eng] |
Problems of Using as Evidence of an Audio Record Made Before the Pre-Trial Investigation Summary Audio recording, considering it as information recorded by electromagnetic signals, in criminal procedure may be submitted as one of the significant material for investigation of criminal cases. This interesting and problematic question has not been much investigated in Lithuanian legal literature. The actuality is naturally caused by the lack of the doctrine and arising difficulties in practice, therefore, author represents conceptual overview of the audio recording made before the pre-trial investigation. The author aspires to elucidate legal opportunities to make the audio recordings before the pre-trial investigation in order that such information would not violate the legally protected individual’s right to get privacy in communications and admissibility criterion in court. Audio recordings, which are under consideration, may be submitted by private individuals or enforcement authorities. Evidentiary information contained in sound recordings, to be recognized as potential evidence, should be recorded in the manner stipulated in the law or, in case private individuals are making records, in the way which is not prohibited by law. Such information must be possible to check in the process and it has to touch (directly or indirectly) at least one circumstance which is important for the criminal case solution. It is important to emphasize that a person can expect privacy in communications only if his or her activities are not against the law. The paper provides quite a few European Court of Human Rights judgments, the judicial practice in Lithuania, some foreign judgments analysis and the author's point of view in controversial issues. |
