Aspects in connection to the interception and the recording of talks or conversations performed as per Law 51/1991 regarding the national security of the Romanian country

Author:Gradinaru Sandra
Position:Assistant Professor, Alexandru Ioan Cuza University of Iasi, Faculty of Economics and Business Administration, Iasi, Romania
Pages:74-79
SUMMARY

This study is aimed at analyzing the cases and conditions in which the interception of conversations is actually authorized, as per Law no. 51/1991. At the same time the manner in which the provisions of the Code of Criminal Procedure interfere with this Law and with Law no. 535/2004 is presented on legal grounds with regards to issuing the mandate. This analysis studies the aspects of... (see full summary)

 
FREE EXCERPT
European Integration -
Realities a
74
Aspects in Connection to
Conversations Performe
Securi
Abstract:
This study is a imed a
conversations is actually authorized
provisions of the Code of Criminal P
on legal gr ounds with regards to i
between the pr ovisions of the pre
Freedoms, i.e.
the jurisprudence of th
Keywords:
recording; intercepting;
1. Introduction
prosecutor only in justifie
d cases,
In the specialized literature(Julea
n,
2. Problem Statement
judge the named cause. In this matte
field
of national security have to r
1
Assistant Professor,
Alexandru Ioan Cuz
Romania,
Address: 22 Carol 1 Avenue
sandra.gradinaru@yahoo.com.
es and Perspectives
to the Interception and the Recording of
med as per Law 51/1991 Regarding the N
urity of the Romanian Country
Sandra Gr
dinaru
1
at analyzing t he cases and conditions in which the interc
zed, as per Law no. 51/1991. At the same time the manner in
l Procedure interfere with this L
aw and with Law no. 535/2004 is
o issuing th e mandate. This analysis studies the aspects of com
present Law a nd the Convention for Human Rights and Fun
f the European Court of Human Rights.
g; national security; mandate
o. 51/1991 regarding the national security, o ne can
s, as per the provisions of the Code of Criminal P
papers with the end result of gathering information c
f conversations (Coca, 2006). The authorization act
is
attributions in the field of national security, by the pro
of Romania. The duration of the mandate cannot overp
n, 2010; Volonciu & Barbu, 2007) it is stated that the
y the Law no. 281/2003 with regards to the modificatio
and to some other specialized rules, this being a text
and clear though, but which nevertheless states that “
provisions with regards to intercepting and recording
d ac
cordingly”.
ed the problem if the requested and issued mandate a
e according to Law no. 281/2003, with the subsequent
extra
-procedural one ai
ming at defending the nationa
en by the President of the Court who would bear the
tter it is concluded that the public authorities with com
o respect the juridical regime provided by art. 911
uza University of Iasi, Faculty of Economics and B usiness Ad
nue, Iasi, 700505, Romani
a, Tel: +40 232 201070, Corre
2013
of Talks or
e National
erception of
in which the
is presented
ompatibility
Fundamental
an claim to the
l Procedure, the
n consisting of ,
is issued at the
rosecutor hereby
erpass 6 months.
the procedure as
tion and addition
xt whi
ch proved
t “
no matter how
ng conversations,
e as per Law no.
ent modifications
nal security, thus
e competence to
ompetence in the
11
-915, Code of
Administration, Iasi,
rresponding author:

To continue reading

REQUEST YOUR TRIAL