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AUDIO AND VIDEO INTERCEPTIONS AND RECORDINGS IN CRIMINAL LAW IN ROMANIA

Keywords: the criminal law in Romania , the audio and video interceptions and recordings , the evidence , the right to private life , serious offences.

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* This paper has been prepared within the research project Standardization of Judicial Practice and Harmonization With the ECHR Jurisprudence, a Mandatory Condition to Enforce Justice. Legislative Proposal to Grant Aconsistent Judicial Practice” (ID-1094) financed by the Romanian Minister of Education, Research, Youth and Sports.Within the present study we propose to undertake an analysis of an institution introduced in 1996 in the Code of Criminal Procedure, and which, by reference to a relative recent date of legislation, causes controversial discussions in the Romanian legal environment: the interception and recordings of conversations and communications made by phone or by any mean of electronic communication. Also, the controversial aspects with respect to this evidence mean are generated by the conflict existing between very important social values, specific for this field, between the necessity to ensure a social climate characterized by sanctioning those who commit offences, on one side, and the right of every human individual to be protected against interferences in their private life (by violating the right of privacy of the correspondence and communications). To this end, we shall proceed to present the legislative framework established by the Code of Criminal Procedure provisions, and, mainly, we shall emphasize the shortcomings of the law text, proposing solutions to the Romanian legislator.

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