Incidența drepturilor fundamentale în procedura percheziției informatice
The prevalence of basic rights during the computer forensics procedure

Summary/Abstract: The development of technology and the variety of ways it is applied provide up novel possibilities for criminal investigation and prosecutions. The computer search of an IT system or IT data storage environment is one of the most popular methods for proving the offender's guilt. Given that most people keep private or sensitive information on their mobile devices, it is necessary to define the fundamental rights that are assertible as well as the boundaries of interference in the realm of protection. Since the judge was left to verify these elements, our goal in this paper is to present a set of indicators that the court should consider in order to decide whether to approve the computer search proposal in compliance with the relevant criminal procedural and constitutional provisions.

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