UNELE ASPECTE PRIVIND REȚINEREA, PREDAREA ȘI PERCHEZIȚIONAREA TRIMITERILOR POȘTALE
ASPECTS REGARDING SEIZING AND SEARCHING OF MAIL

Summary/Abstract: In this article the author has analyzed the implications of seizing and searching of traditional mail in the context of the New Criminal Procedure Code, presenting the evolution of the protection of privacy and the secret ofcorrespondence in Romania and of the lawful use of mail as evidence in criminal trials.The author shows the legal context in which the method of investigation may be used, and shows how it can beused to provide evidence to the investigator and also show its limits in correlation to modern methods of obtainingevidence. The seizing and searching of mail and other forms of correspondence can aid investigators in discovering thecriminal intent of wrong-doers and also of capturing physical evidence sent by mail. Great care must be taken in orderto ensure that the method is used proportionally and with a minimal invasion of privacy by limiting the scope andsubjects of the method, especially when attorney-client privilege must be respected. The conclusion was that the present Romanian Criminal Procedure Code is a regression as it incorrectly cataloguesseizing and searching of mail as a means of special investigation instead of a form of search and seizures and is aninstitution that can be perfected in the coming years.

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