Aspects Regarding the Legality of Search Warrants Obtained Based on the Recordings Conducted with the Logistics of the Romanian Intelligence Service

Author:Sandra Gradinaru
Position:Associate Professor PhD, Alexandru Ioan Cuza University of Iasi, Romania
Pages:86-91
European Integration - Realities and Perspectives. Proceedings 2020
86
Aspects Regarding the Legality of Search Warrants Obtained Based on the
Recordings Conducted with the Logistics of the Romanian Intelligence
Service
Sandra Gradinaru1
Abstract: The search warrants that were obtained based on the recordings taped with the logistics of the
Romanian Intelligence Service are struck by nullity. This statement comes in the context in which the
interception authorizations were enforced by a non-competent criminal investigation bodies, an aspect
which is struck by nullity. Taking into account that the search warrants were granted exclusively on the
basis of audio recordings obtained with the logistics and support of the Romanian Intelligence Service, the
derivative proofs are to be excluded if they were obtained indirectly from illegal evidence. According to
the Romanian Criminal Procedure Code, the recordings are to be conducted by the public attorney or the
criminal investigation body. The Romanian In telligence Service is an institution without judiciary
attributions, with a secret identity. According to the Ro manian Constitutional Court’s Decision number
22/2018, if the surveillance recordings are obtained with the support of the Romanian Intelligence Service,
this evidence is to be physically eliminated from the case’s files in order to effectively guarantee the
presumption of innocence and the right to a fair trial.
Keywords: search warrant; non-competent criminal investigation body; interceptions; technical
surveillance; the legality of evidence
The Premise Situation
In a case2 that is in the preliminary chamber stage, the defense invoked the absolute nullity of the
interception warrants and the exclusion of the evidence obtained through technical surveillance.
The purpose of the preliminary chamber is to verify the legality of the criminal investigation documents
and the evidence obtained based on them.
From the analysis of the criminal investigation documents, it was found that the communication
recordings were obtained through means of technical surveillance measures.
The interception of communications was conducted in cooperation with the Romanian Intelligence
Service. The Romanian National Office of Anticorruption’s prosecutors collaborated with specialized
Romanian Intelligence Service agents that used their own logistics.
1 Associate Professor PhD, Alexandru Ioan Cuza University of Iasi, Romania, Address: Blvd. Carol I, no. 22, Iasi, Romania,
Corresponding author: sandra.gradinaru@yahoo.com.
2 Case no. 3813/99/2018/a1 of Iasi Tribunal.

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