Prosecutorial supervision of covert investigative (search) actions during the investigation of drug-related crimes

Abstract

The features of prosecutorial supervision over the conduct of covert investigative (search) actions during the pre-trial investigation of drug-related crimes have been explored as an important component in ensuring the legality and effectiveness of counteracting criminal offenses in the field of illegal drug trafficking. Through a systematic analysis of the Criminal Procedural Code of Ukraine and the practice of applying its provisions during procedural leadership in the pre-trial investigation of drug-related crimes and the conduct of covert investigative (search) actions, the most important elements of the prosecutor's activity have been identified. Both the procedural and organizational aspects (foundations) of their work have been considered. The subject and means of prosecutorial supervision over the pre-trial investigation of drug-related crimes have been defined. It has been established that the latent nature of drug-related crimes leads to the widespread use of covert investigative (search) actions to detect and document these criminal offenses. In criminal proceedings of the investigated category, the full range of covert investigative (search) actions provided for by the Criminal Procedural Code of Ukraine has been used. Their optimal list, timing, and location in each investigative situation must be determined separately, taking into account the means of concealment used and potentially available to individuals involved in the commission of drug-related crimes.

A key role in determining the list and sequence of covert investigative (search) actions during the pre-trial investigation of drug-related crimes is actually played by the prosecutor, due to their procedural powers. The prosecutor bears the main responsibility for ensuring the effectiveness and legality of covert investigative (search) actions, as well as the admissibility of using their materials as evidence in criminal proceedings. However, the determination of the system of covert investigative (search) actions in a specific criminal case should rely on constructive interaction between the prosecutor, the investigator, and the employees of operational units involved in the operational support of the criminal proceedings. The criteria that must be monitored by the prosecutor to ensure the legality of conducting a specific covert investigative (search) action during the pre-trial investigation of drug-related crimes have been identified.