CONDITIONS FOR THE USE OF SPECIAL METHODS OF SUPERVISION IN CRIMINAL PROCEEDINGS
CONDITIONS FOR THE USE OF SPECIAL METHODS OF SUPERVISION IN CRIMINAL PROCEEDINGS

Summary/Abstract: The procedure to be followed for the authorization of special evidentiary procedures is provided by art. 138 et seq. of the CCP. This procedure rightly places the prosecutor at the centre of the activity of notifying the judge of rights and freedoms, given that he is the only one who knows the result of the investigations and the only one able to assess the transposition of the criteria of necessity by reference to the evidence he administered, in order to optimally solve the causes and, implicitly, to fight crime. The other assessment criteria, namely subsidiarity and proportionality, are left to the discretion of the judge, who in the functional organizational form of the judge of rights and freedoms will decide whether or not the prosecutor’s proposal is justified so as to ensure an effective a priori guarantee of possible interference, in the lives of different people. Moreover, both the activity of the judge of rights and freedoms aiming at issuing the supervision mandate, but also the conclusion of the authorization will be able to be verified under the aspect of legality in an a posteriori procedural stage, namely in the preliminary chamber phase.

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