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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
D. Situations that may give rise to interception of communications
31. Operational-search activities involving interference with the
constitutional right to the privacy of postal, telegraphic and other
communications transmitted by means of a telecommunications network or
mail services, or within the privacy of the home, may be conducted
following the receipt of information (a) that a criminal offence has been
committed, is being committed, or is being plotted; (b) about persons
conspiring to commit, or committing, or having committed a criminal
offence; or (c) about events or activities endangering the national, military,
economic or ecological security of the Russian Federation (section 8(2) of
the OSAA).
32. The OSAA provides that interception of telephone and other
communications may be authorised only in cases where a person is
suspected of, or charged with, a criminal offence of medium severity, a
serious offence or an especially serious criminal offence, or may have
information about such an offence (section 8(4) of the OSAA). The CCrP
also provides that interception of telephone and other communications of a
suspect, an accused or other person may be authorised if there are reasons to
believe that they may contain information relevant for the criminal case in
respect of a criminal offence of medium severity, a serious offence or an
especially serious criminal offence (Article 186 § 1 of the CCrP).
33. Article 15 of the Criminal Code provides that “offences of medium
severity” are premeditated offences for which the Criminal Code prescribes
a maximum penalty of between three and five years’ imprisonment and
unpremeditated offences for which the Criminal Code prescribes a
maximum penalty of more than three years’ imprisonment. “Serious
offences” are premeditated offences for which the Criminal Code prescribes
a maximum penalty of between five and ten years’ imprisonment.
“Especially serious offences” are premeditated offences for which the Code
prescribes a maximum penalty of more than ten years’ imprisonment or a
harsher penalty.
E. Authorisation procedure and time-limits
1. Operational-Search Activities Act
34. Operational-search measures involving interference with the
constitutional right to the privacy of postal, telegraphic and other
communications transmitted by means of a telecommunications network or
mail services or within the privacy of the home – such as an inspection of
premises or buildings, an interception of postal, telegraphic, telephone and
other forms of communication or a collection of data from technical
channels of communication – require prior judicial authorisation
(section 8(2) of the OSAA).