Wiretapping and breaking the postal secret can be applied only with the permission of the investigative judge, and given in the form of a decision. Covert surveillance activities such as covert video recording on the other hand are warranted by the prosecutor. Hence, you can either challenge the court ruling or the surveillance warrant. Procedural aspects of surveillance can be contested in the Prosecutor´s Office and thereafter in the State Prosecutor´s Office.
Appealing the decision of the investigative judge
You can appeal the decision taken by an investigative judge to the same court that warranted the surveillance activity. For this you should prepare a written appeal agains the uling, that should indicate:
- the name of the court with which the appeal is filed
- the name, status in the proceedings, residence or seat and address of the appellant
- the name of the court whose ruling is contested
- the date of making the ruling and the name of the party to the court proceeding with regard to whom the ruling is contested
- which part of the ruling is contested
- the content of and reasons for the requests submitted in the appeal
- a list of documents appended to the appeal
You should file the appeal within 15 days as of the date when you were informed of that the court ruling had been issued. The responsible court will examine the appeal and either a) satisfy it and if applicable also order for compensation under the State Liability Act b) forward the contested court ruling and the appeal against the ruling immediately to a higher court with appropriate jurisdiction.
Challenging prosecutor´s warrants or procedural aspects
If you wish to contest a procedural aspect of the surveillance activity or warrant issued by the Prosecutor´s Office, you can file an appeal to the prosecutor's office or Office of Prosecutor General. Whereas, prosecutorial orders should be challenged in the latter and the activities of the investigators in the former. In you are not content with the result of the appeal proceedings does not, you can the challenge the decision in the County Court.