Legal Distinction Between Investigative Acts and Evidence

T6: Acts of Research and Their Distinction From Evidence

Investigative acts are performed during the preliminary determination phase to uncover criminal acts, the circumstances surrounding them, and the individuals involved. This process prepares the case for trial or, if necessary, leads to a dismissal.

Key Differences Between Research and Evidence

While investigative acts and evidence collection often overlap, they are distinct institutions with different functions:

• Purpose: Investigative measures aim to discover unknown facts, whereas evidence is directed at verifying statements of fact expressed by a party.
• Procedural Timing: Investigative acts occur during the preliminary procedure, while evidence is typically presented during the trial (except in cases of early evidence).
• Outcome: Research acts support resolutions like indictments or trial openings, while evidence determines the judge's conviction regarding the offense and the defendant's participation.
• Contradiction: Investigative acts may be conducted without contradiction if the investigation requires it, whereas evidence must be practiced after hearing all parties.

Classification of Investigative Acts

Investigative acts can be categorized into two primary perspectives:

• Acquisition of Sources: Acts directed at seeking and acquiring research sources, such as entrance and residence registration, inspection of books and papers, and monitoring of mail, telegraph, or telephone communications.
• Provision of Sources: Acts designed to provide sources directly, such as visual surveillance, witness statements, cross-examination, expert testimony, and bodily interference.

Authorization and Fundamental Rights

Investigative acts must be ordered by a competent judge, either automatically or at the request of the prosecution or other involved parties. Furthermore, acts are classified based on whether they limit fundamental rights:

• Restricted Acts: Investigative measures that involve the restriction of fundamental rights (e.g., entry and residence registration).
• Non-Restricted Acts: Investigative measures that do not affect fundamental rights (e.g., witness statements).