Analiza modificărilor aduse de Legea nr. 201/2023 în materia supravegherii tehnice
Analysis of the amendments introduced by Law no. 201/2023 in the field of technical surveillance

Summary/Abstract: This article addresses a subject that is very little dealt with in the specialized literature, namelythe way in which the legislator understood to complete or modify the matter of special methods ofsurveillance or research, with exclusive regard to technical surveillance, in order to bring the Code ofCriminal Procedure into line with the Decisions of the Constitutional Court of Romania admitting someexceptions of unconstitutionality no. 244/2017, respectively no. 55/2020. The paper aims at theanalysis and criticism, where appropriate, of the newly introduced/amended articles, observing boththe individuality of each text of the law and the inherent links between them.The starting point was the conclusion of the constitutional judges that, in the matter of technicalsurveillance measures, which constitute an interference in the private life of the persons subject tothese measures, there must be an a posteriori control of the approval and execution of the technicalsurveillance in order to verify the fulfillment of the conditions provided by the law for its adoption, aswell as the modalities of execution of the technical surveillance mandate, regardless of whether thisverification is carried out within the criminal process or independently of it.The findings made by this approach reveal, in addition to the objective necessity of suchamendments, also some deficiencies in aspects related to defective formulations, mismatches of sometexts, but also to the erroneous conception of some legislative solutions. Consequently, it is necessarythat future solutions amending the regulations on technical supervision also take into account theaspects criticized by the present paper.

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