Verification of Data Resulting from Technical Surveillance by the Court
The present analysis aims to highlight the different methods of verification of the data obtained by judicial bodies through technical surveillance methods provided by the Criminal Procedure Code. Although the current legislative framework as interpreted by the Constitutional Court of Romania prov...
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| Format: | Article |
| Language: | English |
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Danubius University
2019-05-01
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| Series: | EIRP Proceedings |
| Subjects: | |
| Online Access: | http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1964/1996 |
| _version_ | 1828375920643145728 |
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| author | Andrei Apostol |
| author_facet | Andrei Apostol |
| author_sort | Andrei Apostol |
| collection | DOAJ |
| description | The present analysis aims to highlight the different methods of verification of the data obtained by
judicial bodies through technical surveillance methods provided by the Criminal Procedure Code. Although the
current legislative framework as interpreted by the Constitutional Court of Romania provides specific
guarantees in order to prevent using forged evidences in the criminal trial, we believe that the court, after the
indictment, needs to verify on its own the authenticity of such means of evidence. Therefore, the doctrine and
the recent jurisprudence of national courts stated in this context the need for an independent expertise that can
analyze the data obtained through technical surveillance in order to be used as evidence in a criminal trial. Also,
the present context of the Romania legislative reform and the context in which several cooperation protocol
between criminal investigation bodies and Romanian Intelligence Service were declassified, led to a stringent
need for such an expertise. We tend to believe that without an independent expert that can assess whether the
recordings are authentic or not, the court cannot in good faith decide to convict a person. Present paper is of
interest to any law practitioner as it tries to highlight in a concise manner both the framework for such an
expertise and the means to obtain it. |
| first_indexed | 2024-04-14T07:52:31Z |
| format | Article |
| id | doaj.art-3862a36ec4fa46589c6e677251ad95f6 |
| institution | Directory Open Access Journal |
| issn | 2067-9211 2069-9344 |
| language | English |
| last_indexed | 2024-04-14T07:52:31Z |
| publishDate | 2019-05-01 |
| publisher | Danubius University |
| record_format | Article |
| series | EIRP Proceedings |
| spelling | doaj.art-3862a36ec4fa46589c6e677251ad95f62022-12-22T02:05:08ZengDanubius UniversityEIRP Proceedings2067-92112069-93442019-05-011415761Verification of Data Resulting from Technical Surveillance by the CourtAndrei Apostol0Iasi Bar RomaniaThe present analysis aims to highlight the different methods of verification of the data obtained by judicial bodies through technical surveillance methods provided by the Criminal Procedure Code. Although the current legislative framework as interpreted by the Constitutional Court of Romania provides specific guarantees in order to prevent using forged evidences in the criminal trial, we believe that the court, after the indictment, needs to verify on its own the authenticity of such means of evidence. Therefore, the doctrine and the recent jurisprudence of national courts stated in this context the need for an independent expertise that can analyze the data obtained through technical surveillance in order to be used as evidence in a criminal trial. Also, the present context of the Romania legislative reform and the context in which several cooperation protocol between criminal investigation bodies and Romanian Intelligence Service were declassified, led to a stringent need for such an expertise. We tend to believe that without an independent expert that can assess whether the recordings are authentic or not, the court cannot in good faith decide to convict a person. Present paper is of interest to any law practitioner as it tries to highlight in a concise manner both the framework for such an expertise and the means to obtain it.http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1964/1996technical surveillance; expertise; criminal trial |
| spellingShingle | Andrei Apostol Verification of Data Resulting from Technical Surveillance by the Court EIRP Proceedings technical surveillance; expertise; criminal trial |
| title | Verification of Data Resulting from Technical Surveillance by the Court |
| title_full | Verification of Data Resulting from Technical Surveillance by the Court |
| title_fullStr | Verification of Data Resulting from Technical Surveillance by the Court |
| title_full_unstemmed | Verification of Data Resulting from Technical Surveillance by the Court |
| title_short | Verification of Data Resulting from Technical Surveillance by the Court |
| title_sort | verification of data resulting from technical surveillance by the court |
| topic | technical surveillance; expertise; criminal trial |
| url | http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1964/1996 |
| work_keys_str_mv | AT andreiapostol verificationofdataresultingfromtechnicalsurveillancebythecourt |