Considerații referitoare la punerea în executare a mandatelor de supraveghere tehnică. Concursul altor instituții ale statului
Considerations regarding the implementation of the technical surveillance warrant. Participation of other institutions

Summary/Abstract: The legality of the evidence obtained through the use of special methods of technical surveillance continues to be a topic of interest in national judicial practice. National courts have an obligation to verify whether technical surveillance warrants have been enforced by the competent bodies. At the national level, we notice a practice of some prosecutors to answer the questions addressed by the courts, in the sense that the Romanian Intelligence Service provided a simple technical support in the criminal investigation activity, without actually carrying out criminal investigation acts.The issue of the competence of the criminal investigation body that enforced the technical surveillance warrant is a particularly difficult one, especially in the situation where the representatives of the Public Ministry claim that they executed the technical surveillance warrant through the judicial police officers within the D.O.S. or D.G.A., and there are no documents of the delegation prosecutor for this activity in the case file. Carrying out the technical surveillance, as a probative procedure, in violation of the legal conditions, including those referring to the bodies empowered to execute the surveillance warrant, has as effect the nullity of the evidence thus obtained. The present paper aims to highlight, in the light of examples from national judicial practice, the cases in which the technical support provided by other state institutions acquires the validity of a procedural act that must be sanctioned with absolute nullity.

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