ASPECTE GENERALE CU PRIVIRE LA ACTIVITATEA DE INTERCEPTARE ȘI ÎNREGISTRARE A COMUNICAȚIILOR ȘI COMUNICĂRII ÎN CADRUL PROCESULUI PENAL
GENERAL ASPECTS REGARDING THE RECORDING AND THE INTERCEPTION DURING THE PENAL PROCESS

Summary/Abstract: This paper analyzes the provisions of the criminal proceedings law in the field of the interception and recording of communication(s) within the criminal trial. The first section addresses some introductory considerations which explain the need of the states to develop technologically in the field of information and communication, to ensure national security by countering crimes which most often exhibit some extraneity. For this purpose we are comparing within the legislation and its application in the field of surveillance and interception of communication in other states (the USA, France) several draft laws which are also generated by the increase in terrorist threats; these draft laws have been criticized for promoting security on the expense of limiting freedoms. The second section presents the national legal framework of telephone tapping and the European requirements in line with the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union. On this occasion we can determine that the state authorities signing the Convention wish to fight crime and effectively combat threats by providing in their legislation the permission to intercept telephone conversations if warrantees are offered to the persons under investigation.

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