Aspects regarding the criminalization and investigation… 151
prosecution and which may contribute to the commencement of criminal
prosecution and the stage of criminal investigation that is carried out by the judicial
bodies, that is, the Service for combating terrorist offences and those against
national security within the Directorate for the Investigation of Organized Crime
and Terrorism of the Prosecutor’s Office near the High Court of Cassation and
Justice, helped by state bodies with duties in the field of national security during
the trial phase of the prosecution7.
The informative-operative investigation stage s carried out during several phases:8
planning; obtaining information; verification of information; information analysis;
notifying the competent judicial bodies.
After completing the file of informative documentation9, the Romanian
Intelligence Service will notice Service for combating terrorist offences and those
against national security within the Directorate for the Investigation of Organized
Crime and Terrorism of the Prosecutor’s Office near the High Court of Cassation
and Justice by means of a report of finding, according to the provisions of Article
21 (1)10 of the Law no.51/1991 regarding the national security of Romania, Article
1111 of the Law no.14/1992 regarding the organization and functioning of the
Romanian Intelligence Service, related to Article 6112 paragraph (1) (c) from the
Romanian Criminal Procedure Code, in order to start the criminal prosecution, in
connection with the commission of an offence related to terrorist activities.
7 Moise, Adrian Cristian; Stancu, Emilian (2017). Forensics. Methodological elements for investigating
offences. University course, Bucharest: Universul Juridic, pp. 290-291.
8 Idem, pp. 295-299; Ronczkowski, Michael R. (2012). Terrorism and organized hate crime.
Intelligence gathering, analysis and investigations, Third Edition, Boca Raton, Florida: CRC Press, Taylor
& Francis Group, pp. 151-183.
9 Maras, Marie Helen (2014). The CRC Press Terrorism Reader, Boca Raton, Florida: CRC Press,
Taylor & Francis Group, p. 137 and the following.
10 Article 21 paragraph 1 of the Law no. 51/1991 regarding the national security of Romania
states: "The data and information of interest for national security, resulting from the authorized
activities, if it indicates the preparation or the commission of a crime provided by the criminal law, are
retained in writing and transmitted to the bodies of criminal prosecution, according to Article 61 of
the Romanian Criminal Procedure Code, accompanied by the mandate issued for them, to which is
added the proposal to declassify, as the case may be, total or in an extract, according to the law, of the
mandate. The intercepted calls and/or communications, recorded in writing, and/or the recorded
images are transmitted to the criminal investigation bodies in their entirety, accompanied by their
original digital content ”.
11 Article 11 of the Law no. 14/1992 regarding the organization and functioning of the Romanian
Intelligence Service provides: “If from the specific checks and activities provided in the Articles 9 and
10 result in data and information indicating the preparation or commission of a crime provided by the
criminal law, they are transmitted to the criminal prosecution bodies under the conditions provided
by the Article 61 of the Romanian Criminal Procedure Code”.
12 Article 61 paragraph (1) (c) of the Romanian Criminal Procedure Code provides: "(1)
Whenever there is a reasonable suspicion regarding the commission of a crime, they are obliged to
draw up a report on the circumstances found: c) public order bodies and national security, for the
offences found during the exercise of the duties provided by the law ”.