The multitude of data resulting from the interception of communications. Introduction in the criminal prosecution file of only certain data considered relevant. The right to defense Cover Image

Multitudinea de date rezultate din interceptarea comunicațiilor. Introducerea în dosarul de urmărire penală doar a anumitor date considerate relevante. Dreptul la apărare
The multitude of data resulting from the interception of communications. Introduction in the criminal prosecution file of only certain data considered relevant. The right to defense

Author(s): Antonia-Eleonora Constantin
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: interception of communications; access to evidence; relevant data; fair trial;

Summary/Abstract: The right to a fair trial provided by art. 6 para. (3) of the European Convention on Human Rights is not violated in the case that, even if, as a result of the interception of communications and searches, a large number of electronic files resulted, and the prosecutor and the court only used certain data among these, which were both the basis of the court cases as well as of the issued judgment, and these were presented to the defense for the exercise of the rights provided by law, the defense having enough time for identifying other data from the stored files that are at the disposal of the criminal prosecution bodies. Also, the right to defense is not violated in the circumstance that the access to the data from the electronic files takes place in the presence of a police officer, because there is a legal obligation to prevent the listening of private and even intimate parts of the recorded conversations, which was essential to accordingly legitimize the telecommunications surveillance. The Court is aware that modern means of investigation can indeed produce, as in the present case, huge amounts of data, whose integration into the criminal process should not cause unnecessary delays in that procedure. Therefore, it considers that the applicant's right to disclosure should not be confused with his right of access to all the materials already considered relevant by the authorities, which will generally require the ability to fully understand the material.

  • Issue Year: 2019
  • Issue No: 2-3
  • Page Range: 308-317
  • Page Count: 10
  • Language: Romanian