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

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:

records; wiretaps; fightin

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: