Criminal investigation powers in the post-conviction phase.

The clear watershed between the phases before criminal conviction and after, made it possible to maintain separate regimes as to the rights, powers and judicial protection. This classical dogmatically and politically convenient status quo has been altered for several reasons: human rights have explicitly been extended to the enforcement of sanctions; authorities are less likely to acquiesce when a convicted person goes into hiding until statutes of limitations are reached; and authorities are aware they should keep a close eye on dangerous convicted persons, throughout the enforcement and afterwards. A new balance has to be found. The research wants to establish general principles for a legal framework for intrusive investigative methods in the sentencing and enforcement phases, in view of the rules on similar methods used in the phase before conviction. It will try to establish whether a far-reaching integration of the different regimes is possible and, if so, desirable.

Keywords:Criminal investigation

Disciplines:Law