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
European Integration -
Realities a
Conversations or Commun
This paper analyzes the si
applicable for intercepting and recor
from special laws wi th those of the C
t regarding: conditions for aut
normative documents still refers t
categories of offenses and persons li
categories of experts responsible fo
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
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
Assistant, “Alexandru Ioan Cuza”
Address: 22 Carol 1 Avenue, Iasi,
es and Perspectives
ns regarding the Interception and Record
unications Performed under Law no. 53
nting and Combating Terrorism
Sandra Gr
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
(Udroiu, Predescu, 2008).
ersity of Iasi, Faculty of Economics and Business Administratio
si, 700505,
Romania. Tel: +40 232 201070.
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
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
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