The Institution of Electronic Surveillance: The Polish and Portuguese Experience

A comparative analysis of the Portuguese and Polish experiences related to the implementation and operation of electronic surveillance leads to interesting conclusions. Both countries, taking advantage of the wide technological expansion, at about the same time, introduced into their legal orders on the penal level the same solution from the technical side, albeit with a slightly different use. However, the effects of these implementation mechanisms, regardless of the path taken and its details, are still not close to satisfactory. The article is a comprimised analysis of both ways of implementing electronic surveillance, with particular emphasis on the way adopted by Poland. It is also an attempt to answer questions about the reasons for the existing state of affairs and what elements are necessary to improve the functioning of the title institution in such a way that it becomes a more effective instrument influencing criminal policy.