Remedii și sancțiuni ale nerespectării aspectelor vizând autorizarea și desfășurarea metodelor speciale de supraveghere și cercetare
Remedies and sanctions for failure to comply with the aspects regarding the authorization and conduct of special surveillance and research methods
Author(s): Denisa BarbuSubject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy
Published by: Uniunea Juriștilor din România
Keywords: remedies; sanctions; nullity; exclusion; evidence law;
Summary/Abstract: The use of special surveillance and investigative methods is not a social novelty, given that both technology and crime have a long-standing existence. It is also worth noting that the dynamics of regulating these institutions were based on two premises: the first was, as expected, the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the second premise was the constant technological evolution. Regarding this latter aspect, doctrine has rightly considered that 'technical means of surveillance will always be one step ahead of legislation. From the perspective of analyzing the existence and necessity of implementing legislation, we can easily conclude that these methods and techniques inherently have an intrusive character. Thus, to determine the concrete content of the intrusion, we must refer to the principles of criminal procedural.
Journal: Revista „Dreptul”
- Issue Year: 2026
- Issue No: 02
- Page Range: 129-135
- Page Count: 7
- Language: Romanian
- Content File-PDF
