Intelligence Activity and the Usage of Intelligence-Related Information for the Investigation of Criminal Acts: de lege lata – de lege ferenda

Artūras Panomariovas

Abstract


New challenges arising for the society and the security of the countries, and new threats emerging after well-organised and planned terror attacks in various parts of the world (for example, New York, Madrid, London, etc.) determine a need to change the attitude towards the information collected by intelligence agencies and look for effective ways to use this intelligence information to fight both external and internal threats to the states. On 18 December 2006 by implementing The Hague Programme the EU Council adopted a Framework Decision 2006/960/TVR regarding the simplification of the exchange of information and intelligence-related information among the law enforcement institutions of the European Union Member States. The aim of this Framework Decision was to establish the rules for the facilitation of information accessibility providing the Member States with a possibility to exchange information more efficiently for the purposes of the prevention and investigation of criminal acts. Even though the provisions of this Framework Decision were developed following the principle “need to know”, this Framework Decision is considered to be a global initiative which could give the grounds for the change in the point of view of the intelligence agencies to the information collected and, at the same time, to stimulate them to share information.

Keywords


intelligence activity; intelligence information; secret information; criminal procedure; criminal persecution; evidence

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236