The Procedure for Performing the IT Search - Some Theoretical and Practical Aspects Cover Image

The Procedure for Performing the IT Search - Some Theoretical and Practical Aspects
The Procedure for Performing the IT Search - Some Theoretical and Practical Aspects

Author(s): Denisa Barbu
Subject(s): Criminal Law, Public Law, ICT Information and Communications Technologies
Published by: Editura Lumen, Asociatia Lumen
Keywords: IT search; IT search procedure; criminal procedural law;

Summary/Abstract: The term "search" originates from the French language, from the word "perquisition", which generally means a "forage". The legislator clearly provided the forms of the search, i.e. home search, computer search, the search made on a person or vehicle, but it should also be mentioned that, from the point of view of the terminology of this term, the specialized literature noted a difference between the search that has a judicial character, thus being subject to the provisions of the Code of Criminal Procedure, as an evidentiary procedure, and the extra judicial activities that are incidental to special rules (for example, during a trip by plane, when people arrive and board and they are searched to avoid the transport of prohibited products or weapons and explosives that may endanger the lives of citizens) (Lorincz, 2015, p. 211).

  • Issue Year: X/2022
  • Issue No: 1
  • Page Range: 01-08
  • Page Count: 8
  • Language: English