OBSERVAŢII REFERITOARE LA EXPERTIZAREA SUPORŢILOR CE CONŢIN REZULTATELE ACTIVITĂŢII DE SUPRAVEGHERE TEHNICĂ
OBSERVATIONS ON THE EXAMINATION OF STORAGE MEDIA CONTAINING JUDICIAL SURVEILLANCE MEASURES

Summary/Abstract: The present paper aims to analyze the possibility of requesting the administration of the eivdence with the technical and forensic expertise of the optical supports containing the data obtained from the activity of technical surveillance, carried out by the criminal investigation bodies.Present study starts from the premise that, although in the court file, most of the times, the minutes of playing the telephone calls or the conversations carried out in the environment, as well as the audio or audio-video files stored on optical media are filed, it is necessary that the parties be able to challenge, before the judge himself, the authenticity of these means of evidence.One of the methods by which the authenticity of the means of proof can be verified is through the institution of certification, expressly provided by the provisions of the Criminal Procedure Code.Given that the certification by applying the electronic signature is optional and unused in practice, it is not sufficient to prove the lawfulness of the administration of the evidence obtained from the technical surveillance activity, it is required, in the case of contesting the evidence consisting in the recording of the calls, that the optical supports be the object of a technical and forensic expertise of voice and speech.In the following, we propose to analyze the possibility of administering the evidence with the expertise, both from the perspective of the national criminal courts and from the perspective of the European Court of Human Rights.The academic and predominantly practical interest of the present work is given on the one hand by the approach to argumentation, which is addressed to both the legal practitioners, lawyers, prosecutors, judges, etc., as well as any citizen who have been the object of the technical surveillance activity, and on the other hand, the fact that it can prove a useful tool in the construction of defense in criminal cases in which the probationary is mainly composed of data obtained through technical surveillance.

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