What is it about?

Intelligence is very important in terrorism and organised crime cases. In this context reports on intelligence are usually elaborated by specialized police forces and agencies without specific criminal case, in advance. But they are afterwards employed in criminal proceedings involving such persons as evidence. Because of internatl security, there is secrecy about authorship of these intelligence reports; same authorship (ie, elaboration by specialised police) convert this police reports in expertise. Nevertheless, not all police reports in general can be considered expertise but only made by experts. This particular characters of this sort of evidence makes very difficult that it can be challenged by defence counsel in criminal procedure.

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Why is it important?

Topic is very important nowadays as far as terrorism and organised crime rates are increasing as well as the employment of intelligence itself overall. Undoubtedly, its employment is decisive in the fight against terrorism and organised crimes but also the defence rights must be protected in criminal procedure. Neither European nor national laws make specific regulation of this singular evidence, which authorship is usually unknown.

Perspectives

Paper tries to analyse European and national perspective on the topic. It is a controversial one with defenders and detractors. Also there is discussion between legal and political sciences framework in opposition and on behalf of the use of such intelligence reports respectively.

Mar Jimeno Bulnes
Universidad de Burgos

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This page is a summary of: The use of intelligence information in criminal procedure, June 2017, SAGE Publications,
DOI: 10.1177/2032284417711574.
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