Perspectiva respectării dreptului la viață privată în contextul utilizării metodelor speciale de supraveghere sau cercetare
Protecting the right to private life in using special investigative techniques during a criminal investigation

Summary/Abstract: Special investigative techniques are secret and derogatory means of gathering evidence in a criminal investigation that have the effect of gravely restricting the person’s fundamental rights. The present study is aimed at the right of the individual, especially the right to respect for private life through the view of the case law of the ECHR, in order to establish the limits for the use of special investigative techniques. By knowing the relevant case law of the ECHR in which the right to respect for private life had been violated we can determine what is a lawful limitation and we can formulate a position on how the Romanian law stands before international standards in respecting fundamental rights. Together with the analysis of the relevant case law, the study follows the rules that must be followed when authorizing special investigative techniques, and the ways in which the legal conditions must be respected, giving precedence to the condition of proportionality and its importance in determining the lawfulness of restricting a person’s fundamental rights for the purpose of conducting a criminal investigation.

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