Considerations in relation to the object of the home search and the delimitation from other institutions of criminal procedural law Cover Image
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Consideraţii în legătură cu obiectul percheziţiei domiciliare şi delimitarea faţă de alte instituţii de drept procesual penal
Considerations in relation to the object of the home search and the delimitation from other institutions of criminal procedural law

Author(s): Andrei Viorel Iugan
Subject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: home search; unreasonable search and seizure; reasonable expectation of privacy; open-fields rule; curtilage; right to respect for private life; on-site research; interference;

Summary/Abstract: The cases that justify a home search are still the subject of important controversies both in doctrine and especially in practice. Also, the delimitation between the situation in which the criminal investigation agents enter a person’s home in order to carry out a home search and the situations in which the police agents are obliged to enter a home to fulfil their duties is often extremely sensitive. It is precisely these controversies that often lead state agents to be reluctant to enter a private space in order to avoid being accused of committing a crime. We hope that this study will prove to be a useful tool in identifying those hypotheses in which it is really necessary to resort to a home search as well as the criteria for delimiting the search and other institutions of criminal procedural law.

  • Issue Year: 2021
  • Issue No: 06
  • Page Range: 125-139
  • Page Count: 15
  • Language: Romanian
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