The Expertise on Data Derived from Technical Surveillance Measures

Abstract

This paper aims to analyze the expertise on data resulting from technical surveillance, given that expertise is a legal means of proof of major importance, consisting in conducting investigations, technical analyzes, assessments and conclusions.

In the practice of the courts, the expertise performed on optical media was considered necessary in order to identify the registered audio-video persons. In such situations where the faces of people surprised by the images can be observed only partially because they do not appear in the foreground, the opinion of an expert is necessary in order to confirm the identity of the defendant.

At the same time, in the situation where the voices of people caught by recordings are unclear due to the quality of the sound, by performing a technical expertise on optical media containing the data, the quality of the recordings can be improved.

Thus, the activities are carried out by a specialist from a certain field and are carried out by the disposition of the criminal investigation body or of the courts, having as main purpose the clarification of some facts or circumstances that form the object of a process.

From this perspective, the paper is of both academic and practical importance, as the paper is addressed to both legal practitioners and litigants who have been the subject of technical surveillance.

At the same time, expertise is a useful means in building a defense in criminal cases in which the evidence is based on data obtained from technical surveillance.