Notions on Searches

AuthorIonas, D.
PositionLaw Faculty, Transilvania University of Brasov
Pages109-114
Bulletin of the Transilvania University of Braşov • Vol. 5 (54) No. 1 - 2012
Series VII: Social Sciences • Law
NOTIONS ON SEARCHES
Diana IONAŞ1
Abstract: The domicile or residence of a person is inviolable, as
guaranteed in the Constitution and by the European Convention on Hum an
Rights. However, inviolability of the home is not absolute and unconditional,
the domestic law and European Human Rights Convention establish
exceptions from this principle. Besides the fact that the search is an exception
from the principle of inviolability as its effect is the restriction on the exertion
of ce rtain rights or freedoms recognized and guaranteed, its disposition or
accomplishment under the rule of law m ust be completed under the
circumstances stipulated by the law.
Key words: principles, inviolability, search, rule of law.
1 Law Faculty, Transilvania University of Brasov.
1. Introduction
Art.8 of European Convention of Human
Rights states that "everyone has the right to
respect for his private and family life, his
home and his correspondence. There shall
be no interference by a public authority
with the exercise of this right except such
as is in accordance with the law and is
necessary in a democratic society in the
interests of national security, public safety
or the economic well-being of the country,
for the prevention of disorder or crime, for
the protection of health or morals, or for
the protection of the rights and freedoms of
others." Inspired by the text of art.29
section 2 of the Universal Declaration of
Human Rights, art.8 of the European
Convention on Human Rights is the first in
a series of four texts of the Convention to
protect rights which means social respect
for the individuals.
In accordance with art.27 paragraph 1 of
the Constitution, the domicile and
residence are inviolable. No one may enter
or remain in a person's domicile or
residence without his consent. This right is
not absolute but, as the second paragraph
of the same article stipulates an exemption
from the p rovisions of paragraph (1) can
operate, according to the law, for the
following instances:
a) carrying into execution a warrant for
or a court decree;
b) removing a risk to someone's li fe,
physical integrity, or a person's
assets;
c) defending national security or public
order;
d) preventing the spread of an epidemic.
In accordance with art.100 of the
Criminal Procedure Code "when the
person asked to deliver one of the objects
or writings mentioned in art.98 denies their
existence or possession, as well as
whenever the search is necessary in order
to discover and gather evidence, a search
may be ordered."

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