Checking Interceptions And Audio Video Recordings By The Court After Referral

• Author: Sandra Gradinaru
• Position: 1Assistant Professor, 'Alexandru Ioan Cuza' University, Ia?i, Romania, Faculty of Economics and Business Administration
• Pages: 45-49

Legal Sciences

45



Checking Interceptions and Audio Video Recordings

by the Court after Referral

Sandra Grdinaru

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Abstract: In any event, the prosecutor and the judiciary should pay particular attention to the risk of their

falsification, which can be achieved by ta king only parts of conversations or communications that took place in the

past and are declared to be registered recently, or by removing par ts of conversations or communications , or even

by the translation or removal of images. This is why the legislature provided an express provision for their

verification. Provisions of art. 91

6

Paragraph 1 Criminal Procedure Code offers the possibility of a technical

expertise regarding the originality and continuity of the records, at the pr osecutor's request, the parties or ex

officio, where t here are doubts about the cor rectness of the registration in whole or in part, especially if not

supported by all the evidence. Therefore, audio or video recordings serve th emselves as evidence in criminal

proceedings, if not appealed or confirmed by technical expertise, if there were doubts about their conformity with

reality. In the event that there is lack of expertise from the a uthenticity of r ecords, they will not be accepted as

evidence in solving a criminal case, thus eliminating any probative value of the intercepted conversations and

communications in that case, by applying article 64 Par. 2 Criminal Procedure Code.

Keywords: risk of falsification; certification; authenticity

1. Introduction

The institution for certifying the recordings was regulated for attesting the authenticity of the minutes-

reports rendering the conversations or communications, to eliminate any possibility of alteration or

counterfeiting them. However, there may be doubts about the reality and reliability of a recording, in

which the legislature has provided, in art. 91

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Paragraph 1 Criminal Procedure Code, the opportunity to

submit its technical expertise, at the request of the prosecutor, the parties or ex officio. In this respect,

practice shows that the court approve an inquiry on the authenticity of technical and forensic records

and wire tapping

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. This regulation is presented as a posteriori guarantee in making the interception and

their transcription in the context in which the expertise is conducted by an independent and impartial

authority.

2. Procedural Issues

According to Par. 3 of article 91

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of the Criminal Procedure Code, the minutes-report shall be sent to

court, alongside with the registration support, after its notification with judging the respective cause.

In the doctrine (Volonciu & Barbu, 2007, p. 158) there were raised certain issues in terms of

compliance with this legislation in the European Convention. It was found by the European Court, that

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Assistant Professor, “Alexandru Ioan Cuza” University, Iai, Romania, Faculty of Economics and Business Administration.

Address: Iasi, Romania, tel. no.: 40 232 201070, fax no. 40.2 32.217000, Corresponding author:

sandra.gradinaru@yahoo.com.

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High Court of Cassation and Justice, criminal section, Court order from 16 February 2011, in record no. 4489/1/2010,

unpublished; High Court of Cassation and Justice, criminal section, Co urt order from 29 September 2010, in record no.

3318/1/2008, unpublished; Court of Appeal Iasi, criminal section, Court order from 28 April 2011, in record no.

8370/99/2007; Court of Appeal Iasi, criminal section, Court order from 30 May 2011, in record no. 236/45/2007,

unpublished.