Playing Full Written Records, An Indispensable Condition For Carrying Out Certification

Author:Sandra Gradinaru
Position:1Assistant Professor, 'Al. I. Cuza' University, Faculty of Economics and Business Administration
Pages:50-56
SUMMARY

This paper aims at examining the procedure by which relevant information obtained by prosecution bodies through interception acquire a probative value through minutes of play. The exploatation of audio or video recordings in a probation plan implies, according to art. 913 Criminal Procedure Code, preparation by the prosecutor or employee of the judicial police appointed by the prosecutor, of the... (see full summary)

 
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European Integration - Realities and Perspectives
2012
50
Playing Full Written Records, an Indispensable Condition
for Carrying Out Certification
Sandra Grdinaru
1
Abstract: This paper aims at examining the procedure by which r elevant information obtained by prosecution
bodies through interception acquire a probative value through minutes of play. The exploatation of audio or
video recordings in a probation plan implies, according to art. 91
3
Criminal Procedure Code, preparation by
the prosecutor or employee of the judicial police appointed by the pr osecutor, of the minutes of playing a full
conversation or communication intercepted and r ecorded. These documents, provided that they co mply with
the law, is evidence, being part of the criminal pros ecution handled in the cas e. From this perspective, we
consider that, in order to establish the truth and a correct assessment of the evidence, it is very important f or
sound recordings to contain conversations in full, not piecemeal, as frequently happens in practice. In fact, art.
91
3
par. 1 from the Criminal Procedure Co de unequivocally establishes the necessity of a full transcript of the
recorded conversations not only some of these passages. On the other hand, under the full transcript, there is a
risk of being violated article 8 of the Convention.
Keywords: authenticity; selection; transcription; classified information
1. Preliminary Issues
Article 91
3
of the Criminal Procedure Code, as amended by Law no. 356/2006
2
, with marginal name
“certification of records” is the based material. Although the legislature did not define the term
“certification”, this involves the following steps (Julean, 2010, p. 255): selecting by the prosecutor of
the intercepted conversations or communications concerning the offense which is the subject of
investigation or help in locating and identifying participants; the selected conversations or
communications are rendered entirely in a report (minutes) by the prosecutor or employee of the
judicial police appointed by it; the report is certified for authenticity by the prosecutor who performs
or supervises the prosecution; to t he report (minutes) it is attached, in a sealed envelope, a copy of the
recording media conversation.
In the judicial practice, it was stated that “in addition to initiation and control of the people called to
make eavesdropping according to the law (art. 91
1
and 91
2
Criminal Procedure Code), the prosecutor
is obliged to give an endorsement of legality, the legal operation being accomplished by certifying the
records, according to Art. 91
3
Criminal Procedure Code. Thus, certification is not a mere formality,
but an essential condition for guaranteeing the authenticity and consistency of the minutes (reports) of
transcription in relation to records, knowing that such means of probation are allowed only when
evidence meet the rigors of Art. 8 par. 2 C.E.D.O” (Court of Appeal Iasi, Criminal Decision no.
141/03 march 2009).
Under the circumstances in which the interception and the audio or video recordings work to the limit
of the Constitution, the conditions under which these cases can be made are espressly provided by law,
1
Assistant Professor, “Al. I. Cuza” University, Faculty of Economics and Business Administration. Address : Iai, Romania,
tel. no.: 40.232.201070, fax no.: 40.232.217000, Corresponding author: sandra.gradinaru@yahoo.com.
2
Law no. 356/2006 on a mending and supplementing the Criminal Procedure Code a nd amending of other laws published in
Official Gazette of Romania, Part I no. 677/7 august 2006.

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