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Expanding the scope for investigating and prosecuting terrorist crimes
Under this act, the use of special investigative powers, such as observation, infiltration, undercover purchase and wire-tapping, will no longer require a reasonable suspicion of a criminal offence.
Indications that a terrorist attack is being prepared will be sufficient for the use of special investigative powers. Such indications are deemed to exist when the facts and circumstances suggest that a terrorist attack is being prepared.
The examining magistrate is responsible for authorising the use of wire-tapping. The public prosecutor is responsible for authorising the use of other special investigative methods. In addition, the public prosecutor may instruct the police to carry out preventive searches of persons and examine vehicles and objects in certain areas.
The act also grants the authorities more powers to conduct exploratory investigations in order to collect information on groups of people who may be planning an attack. Moreover, in the event of a terrorist threat, it will be possible to remand suspects in custody earlier than is currently the case. Grave presumptions are no longer required when a person is suspected of an act of terrorism; a reasonable suspicion of guilt will suffice from now on.
Finally, the act makes it possible to delay the full disclosure of the court documents relating to a terrorist crime if their early publication would complicate the preparation of the case against the suspect or harm the preparation of criminal cases against any fellow suspects. In such cases, the summons that is to be served on the suspect of a terrorist crime may be delayed for a maximum period of two years.
