Probative Value of Data Obtained Through Technical Surveillance
The present paper aims at analyzing the probative value of data obtained through technical surveillance, as the efficiency of the fight against corruption and organized crime calls for the use of modern investigative means and judicial bodies increasingly resort to the use of technical surveillanc...
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| Format: | Article |
| Language: | English |
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Danubius University
2018-05-01
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| Series: | EIRP Proceedings |
| Subjects: | |
| Online Access: | http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1874/1935 |
| _version_ | 1828894420077903872 |
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| author | Andrei Bacauanu |
| author_facet | Andrei Bacauanu |
| author_sort | Andrei Bacauanu |
| collection | DOAJ |
| description | The present paper aims at analyzing the probative value of data obtained through technical
surveillance, as the efficiency of the fight against corruption and organized crime calls for the use of modern
investigative means and judicial bodies increasingly resort to the use of technical surveillance to obtain
evidence in criminal proceedings. Statistical data from the courts attests to the large number of requests for
authorization of interception of communications, a context in which we can state that this measure became a
routine measure in criminal cases. Usage of intercepted communications as evidence obtained in other cases
raises serious questions as to ensuring the proportionality of the interference with the right to privacy and
with the pursued scope which must be legitimate, concrete, known, verified and analyzed by the judge at the
time of authorization and not a future one, hypothetically, which may later arise in other causes. Another
question marks the legal basis, in terms of quality and compatibility with the principle of the preeminence of
law, the storage and archiving of communications for a long time, for use in other future causes. The
academic and practical interest of the present study lies in the fact that it addresses both law theorists and
practitioners in the field as it analyzes how judicial bodies can use data relevant to the criminal process,
obtained through modern surveillance techniques. |
| first_indexed | 2024-12-13T14:11:12Z |
| format | Article |
| id | doaj.art-828e767fac5d4a36ac62e72a05ac5dac |
| institution | Directory Open Access Journal |
| issn | 2067-9211 2069-9344 |
| language | English |
| last_indexed | 2024-12-13T14:11:12Z |
| publishDate | 2018-05-01 |
| publisher | Danubius University |
| record_format | Article |
| series | EIRP Proceedings |
| spelling | doaj.art-828e767fac5d4a36ac62e72a05ac5dac2022-12-21T23:42:28ZengDanubius UniversityEIRP Proceedings2067-92112069-93442018-05-011316877Probative Value of Data Obtained Through Technical SurveillanceAndrei Bacauanu0Al. I. Cuza University of IasiThe present paper aims at analyzing the probative value of data obtained through technical surveillance, as the efficiency of the fight against corruption and organized crime calls for the use of modern investigative means and judicial bodies increasingly resort to the use of technical surveillance to obtain evidence in criminal proceedings. Statistical data from the courts attests to the large number of requests for authorization of interception of communications, a context in which we can state that this measure became a routine measure in criminal cases. Usage of intercepted communications as evidence obtained in other cases raises serious questions as to ensuring the proportionality of the interference with the right to privacy and with the pursued scope which must be legitimate, concrete, known, verified and analyzed by the judge at the time of authorization and not a future one, hypothetically, which may later arise in other causes. Another question marks the legal basis, in terms of quality and compatibility with the principle of the preeminence of law, the storage and archiving of communications for a long time, for use in other future causes. The academic and practical interest of the present study lies in the fact that it addresses both law theorists and practitioners in the field as it analyzes how judicial bodies can use data relevant to the criminal process, obtained through modern surveillance techniques.http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1874/1935technical surveillance; interception; wiretap; probative value |
| spellingShingle | Andrei Bacauanu Probative Value of Data Obtained Through Technical Surveillance EIRP Proceedings technical surveillance; interception; wiretap; probative value |
| title | Probative Value of Data Obtained Through Technical Surveillance |
| title_full | Probative Value of Data Obtained Through Technical Surveillance |
| title_fullStr | Probative Value of Data Obtained Through Technical Surveillance |
| title_full_unstemmed | Probative Value of Data Obtained Through Technical Surveillance |
| title_short | Probative Value of Data Obtained Through Technical Surveillance |
| title_sort | probative value of data obtained through technical surveillance |
| topic | technical surveillance; interception; wiretap; probative value |
| url | http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1874/1935 |
| work_keys_str_mv | AT andreibacauanu probativevalueofdataobtainedthroughtechnicalsurveillance |