Tehnicile speciale de supraveghere sau de cercetare penală şi importanţa respectării drepturilor şi libertăţilor fundamentale
Special techniques of criminal surveillance or investigation and the importance of respecting the fundamental rights and freedoms

Summary/Abstract: The institution of special surveillance and criminal investigation techniques is particularly important for the establishment of legal evidence that can be used in criminal proceedings, while its misapplication may have undesirable effects on the exercise of fundamental rights, under circumstances when the content of these rights is affected. The Criminal Procedure Code provides for all surveillance techniques a number of conditions to be met, one of which is very important, namely: the measure applied should be proportionate to the restriction of the exercise of rights and fundamental freedoms, given the particular circumstances, and also proportionate to the importance of the information or the evidence to be obtained, or to the seriousness of the offenses committed. In relation to the content of the constitutional fundamental rights, nothing in the Criminal Procedure Code, relating to special surveillance techniques or criminal investigation appears to be inconsistent with the Constitution and the provisions of the European Convention, with the exception of the reference to the impossibility to attack the resolution pronounced by the judge on rights and liberties by the approved technical supervision mandate.

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