General Considerations Regarding the Interceptions and Audio-video Registrations Related to the Judicial Practice and Present Legislation

Author:Sandra Gradinaru
Pages:131-139
 
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General Consideratio
Registrations Related
“Al. I. Cuza”
Univers
Abstract
: The present paper tri
audio-
video registrations in the
int
erceptions and registrations c
before starting the criminal proc
right of a fair process and the rig
and in the European Convention
Keywords
: precursory actions; e
documents.
also in rem.
At the same tine it w
the law does not
forbid explicitly
tions Regarding the Interceptions and A
ted to the Judicial Practice and Present
Sandra Gradinaru
ersity of Iasi, Faculty of Economics Bussines
Admin
sandra.gradinaru@yahoo.com
tries to analyze the controversy of the admissibility of the
the phase of the precurso ry documents cannot be admitte
s can be disposed even before starting the criminal prosecu
ocess or even before committing an offence is to b ring severe
right to
a private life in the way in which these are stipulated in
on of the Human rights.
; evidences; admissibility; prosecuting charges
me of the precursor
y documents and lack of specifi
doctrine and judicial practice contrary opinions we
ility and audio
-
video registrations in the phase
which the interceptions and audio
-
video recordin
vely evidences, only in the circumstances of star
view expressed by
the Constitutional Court in t
the New Code of Criminal Procedure.
on above mentioned that, undoubtedly, administerin
of the crim
inal process, the prosecuting charges
1 & 228 from the Code of Criminal Procedure not
t was shown that the possible inobservance of these
utional debate but one of applying the law.
ourt was expressed within a decision of rejecting o
int of view exposed does not have effects
erga omn
tion and the Law Courts are not kept to respect it,
ately this procedure of starting the criminal prosecu
tly in front of the precursory documents), does not d
ure is allowed.
Legal Sciences
131
d Audio
-video
ent Legislation
ministration,
e interceptions and
itted. The fact that
cution, respectively
ere prejudices to th e
d in the Constitution
cification regarding the
were expressed related
ase of the precursory
dings are admissible as
tarting the prosecuting
n the summary of the
ering these evidences is
es could be started, in
ot only in
personal but
se stipulations do
es not
g of one constitutional
mnes,
context in which
it, and the fact that the
ecution (or the fact that
ot determine supporting

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