The criminal procedure in the 21st century – The trade-off between fundamental rights and new technologies

• Atanas Kirov
• Denitsa Kozhuharova
• Gergana Hristova
• Snezhana Krumova

As technology rapidly develops in every sphere of our daily lives, it is also becoming more prevalent in the sphere of crime. At the same time, law enforcement authorities strive not to lag behind but to be at the forefront of crime investigation, and furthermore – of crime prevention. In order to be effective in this mission, law enforcement authorities themselves adopt and develop such technologies that possess the necessary capabilities to fight criminal endeavours. However, citizens’ concerns are consistently growing over the potential infringements of their fundamental rights in the name of the public good and safety. The current paper examines the fragile balance between fundamental rights, namely the right to privacy, the right to non-discrimination and the presumption of innocence, and the achievement of societal security. It offers critical interpretation in terms of the existing trade-offs casting a look into the future – how the balance could be maintained and what are the major risks.