Considerations regarding the interception and recording of conversations or communications performed under Law no. 535/2004 on preventing and combating terrorism

Author:Gradinaru Sandra
Position:Assistant, 'Alexandru Ioan Cuza' University of Iasi, Faculty of Economics and Business Administration, Iasi, Romania
Pages:68-73
SUMMARY

This paper analyzes the situations and conditions in which the provisions of Law no. 535/2004 are applicable for intercepting and recording of communications. It also analyzes the compatibility of provisions from special laws with those of the Criminal Procedure Code and the relevant jurisprudence of the European Court regarding: conditions for authorizing, the person empowered to issue the... (see full summary)

 
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European Integration -
Realities a
68
Considerations
Conversations or Commun
Preventi
Abstract:
This paper analyzes the si
applicable for intercepting and recor
from special laws wi th those of the C
Cour
t regarding: conditions for aut
normative documents still refers t
categories of offenses and persons li
-
categories of experts responsible fo
Keywords:
1. Introduction
Enacting of Law no. 535
/2004 on
regulation of the legal framework n
and responded the need of amen
Grigoras, 2010).
In accordance with the provisions o
terrorism, state agencies with respon
for the authorization of intercepti
on
suspicion of the existence of threats
no. 51/1991, or any act of terrorism (
2. Problem Statement
When analyzing the
provisions of
comparative with those of article
investigation techniques in national
met: an offence that constitutes a
terrorism as stipulated by Law no. 5
proportionate with the authorized pu
1
Assistant, “Alexandru Ioan Cuza”
Univer
Address: 22 Carol 1 Avenue, Iasi,
sandra.gradinaru@yahoo.com.
es and Perspectives
ns regarding the Interception and Record
unications Performed under Law no. 53
nting and Combating Terrorism
Sandra Gr
dinaru
1
e situations and conditions in which the
provisions of Law no. 53 5
cording of communications. It also analyzes the compatibility of p
e Criminal Procedure Code and the relevant jurisprudence of the
authorizing, the person empower ed to issue the authorization,
s to prosecutors, the maximum period f or interception, defin
s likely to be subjec
t of interceptions, conditions, procedures and in
for verifying the authenticity of the recordings.
hting terrorism; warrants; authorization
on preventing and combating terrorism has allowe
k necessary to carry out the collection and gathering
ending and supplementing the Criminal Procedure
s of article 20 of Law no. 535/2004 on preventing a
onsibilities in national security may propose the prose
on and recording of communications, where there i
ats to the national security of Romania, provided by ar
m (Coca, 2006).
of article 20 of the Law on preventing and comba
le 53 paragraph 2 of the Constitution we note th
nal security can be authorized only if the following
a threat to national security is committed, includin
. 535/2004, the interference is necessary in a democra
purpose
(Udroiu, Predescu, 2008).
ersity of Iasi, Faculty of Economics and Business Administratio
si, 700505,
Romania. Tel: +40 232 201070.
Corres
2013
ording of
535/2004 on
535/2004 are
of provisions
he European
n, as special
fining clear
d institutions
wed the detailed
g of information
ure Code.(Petr
e,
g and combating
osecutor to apply
e is a reasonable
article 3 of Law
bating terrorism
that the special
g c
onditions are
ding any act of
cratic society and
tion, Iasi, Romania
.
responding author:

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