Aspects Regarding the Legality of Search Warrants Obtained Based on the Recordings Conducted with the Logistics of the Romanian Intelligence Service
Keywords:
search warrant; non-competent criminal investigation body; interceptions; technical surveillance; the legality of evidenceAbstract
The search warrants that were obtained based on the recordings taped with the logistics of the
Romanian Intelligence Service are struck by nullity. This statement comes in the context in which the
interception authorizations were enforced by a non-competent criminal investigation bodies, an aspect
which is struck by nullity. Taking into account that the search warrants were granted exclusively on the
basis of audio recordings obtained with the logistics and support of the Romanian Intelligence Service, the
derivative proofs are to be excluded if they were obtained indirectly from illegal evidence. According to
the Romanian Criminal Procedure Code, the recordings are to be conducted by the public attorney or the
criminal investigation body. The Romanian Intelligence Service is an institution without judiciary
attributions, with a secret identity. According to the Romanian Constitutional Court’s Decision number
22/2018, if the surveillance recordings are obtained with the support of the Romanian Intelligence Service,
this evidence is to be physically eliminated from the case’s files in order to effectively guarantee the
presumption of innocence and the right to a fair trial.
References
Bucharest Military Court of Appeal. Decision no. 35/12th July 2018 pronounced in case no. 1/81/2018.
Bucharest Tribunal. The Decision of the preliminary chamber dated 09th November 2017 in case no. 47203/3/2016.
Law no. 135/2010 regarding the Romanian Criminal Procedure Code.
Romanian Constitutional Court. Decision no. 22 from 18th January 2018.
Romanian Constitutional Court. Decision no. 26/2019.
Romanian Constitutional Court. Decision no. 51/2016.
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