Informing the Person Technically Supervised: Violation of the Right to Intimacy, Family and Private Life
Informing the Person Technically Supervised: Violation of the Right to Intimacy, Family and Private Life

Summary/Abstract: Technical surveillance requires, in accordance with the provisions of Article 138 paragraph 13 of the Code of Criminal Procedure, the use of one of the special methods of surveillance or research, consisting in intercepting communications or any type of remote communication, access to a computer system, video or by shooting and location or tracking by technical means. Article 145 of the Code of Criminal Procedure stipulates the prosecutor’s obligation to inform, within ten days after the termination of the technical supervision, on each subject of a warrant, the technical measure taken upon him. Also, he may reasonably postpone, in accordance with Article 145 paragraph 4 of the Code of Criminal Procedure, to inform the technically supervised person, or to present the media on which technical surveillance activities are stored, until the end of the criminal prosecution or the case. The Constitutional Court of Romania, by Decision no. 244 of 6 April 2017, found that the legislative solution provided for in Article 145 of the Code of Criminal Procedure as unconstitutional as regards the challenge of the legality of the technical supervision measure is only unconstitutional by the defendant in the preliminary procedure. Referring to the provisions of Article 145 paragraph 4 of the Code of Criminal Procedure, in practice, there may be situations where a technically supervised person is never informed.

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