CONTROLUL A POSTERIORI A LEGALITĂȚII SUPRAVEGHERII TEHNICE ÎN PROCESUL PENAL
A POSTERIORI CONTROL OF THE LEGALITY OF TECHNICAL SURVEILLANCE IN CRIMINAL PROCEEDINGS
Author(s): Mihail UdroiuSubject(s): Constitutional Law, Criminal Law
Published by: Studia Universitatis Babes-Bolyai
Keywords: technical supervision; legality; resolution of the case;
Summary/Abstract: The a posteriori control of the legality of the technical surveillance involves a verification of all the requirements of legality and proportionality of the interference in the right to private life after its approval by the judge of rights and liberties or the execution. In this framework, I presented the way in which the Romanian Constitutional Court assessed that the ex post verification of the technical supervision should be ensured, as well as the new procedural regulation highlighting the person who can make the complaint, the judicial bodies competent to resolve it and the object of the preliminary chamber judge's analysis. Likewise, multiple hypotheses of interpretation of new procedures were highlighted in order to highlight some application difficulties.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 68/2023
- Issue No: 2
- Page Range: 146-168
- Page Count: 23
- Language: Romanian