PERCHEZIŢIA CORPORALĂ: LINIA SUBŢIRE DINTRE LEGE ŞI ABUZ
BODY SEARCH: THE THIN LINE BETWEEN LAW AND ABUSE

Summary/Abstract: In the dispute between the right to search, regarded as the “social” or “procedural”right, and the individual right relating to the person and the home, priority was given to the social or procedural right. In other words, under certain special circumstances, personal freedom may be restricted during personal searches, and the inviolability of the home may be affected in the case of home searches. This choice was dictated by the interest of the proceedings; it was essential to accept this sacrifice of the individual right in order to bring to light and secure evidence of guilt, to apprehend offenders and thus to punish offenses or protect society. Therefore, the individual right had to yield to this procedural interest and, at the same time, to this higher social interest. Considering the ongoing evolution of legislation and judicial practice, search is subject to critical scrutiny and constant debate as regards the balance between the need to ensure law enforcement and the protection of individual rights and freedoms. In light of technological developments and growing concerns about the protection of personal data, search may also be addressed in the context of new challenges and threats associated with cybersecurity and the protection of privacy online. This perspective adds an additional dimension to discussions on the use of search techniques in criminal investigations. Likewise, in academic and legal debates, aspects can be explored relating to the effectiveness of searches in collecting evidence,respect for individual rights during the search process, and its impact on personal integrity and private life.

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