Folosirea în procesul penal a probelor obținute din activitățile specifice culegerii de informații
Use of evidence obtained from specific intelligence gathering activities in criminal proceedings

Summary/Abstract: The current legal framework regulates two different authorization systems from which recordings can result, namely a system regulated by the Criminal Procedure Code and a system regulated by Law 51/1991 on the national security of Romania. In this study we aim to provide a detailed analysis of the later. We will present the activities that may be carried out by national security bodies, the cases in which these activities may be carried out and the procedure for their authorization. In some cases, information relevant to criminal proceedings may be obtained in the course of these activities. We intend to examine, in close correlation with the case law of the Constitutional Court, the conditions under which such information can be used as evidence. Also, in the context of the amendments made to the Code of Criminal Procedure in 2023, we will examine the ways in which, in order to respect the right to a fair trial, the legality of the activities covered by Law 51/1991 and the evidence thus obtained can be verified.

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