AUDIO AND VIDEO INTERCEPTIONS AND RECORDINGS IN CRIMINAL LAW IN ROMANIA
AUDIO AND VIDEO INTERCEPTIONS AND RECORDINGS IN CRIMINAL LAW IN ROMANIA

Summary/Abstract: Within the present study we propose to undertake an analysis of an institution introduced in 1996 in the Code of Criminal Procedure, and which, by reference to a relative recent date of legislation, causes controversial discussions in the Romanian legal environment: the interception and recordings of conversations and communications made by phone or by any mean of electronic communication. Also, the controversial aspects with respect to this evidence mean are generated by the conflict existing between very important social values, specific for this field, between the necessity to ensure a social climate characterized by sanctioning those who commit offences, on one side, and the right of every human individual to be protected against interferences in their private life (by violating the right of privacy of the correspondence and communications). To this end, we shall proceed to present the legislative framework established by the Code of Criminal Procedure provisions, and, mainly, we shall emphasize the shortcomings of the law text, proposing solutions to the Romanian legislator.

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