Autor: Dorin CIUNCAN

Publicat în: Revista Universul Juridic nr. 1/2015 

Disponibil onlineaici.

Titlul lucrării în engleză: Technical surveillance (I)

Abstract: This article is part of a series in which the author treats the subject of technical surveillance, as it is regulated in the Penal Procedure Code of Romania, namely in the chapter regarding special methods of surveillance and investigation.

The article’s structure and content reveal comments on the conditions in which the Justice of the Peace disposes said measure, on the conditions in which the prosecutor may authorize a maximum of 48 hours for measures of technical surveillance, and also on other relevant aspects, while also taking into consideration the doctrine elaborated by important names in the field of law (S. Grădinaru, A. Lupescu, C. Lupășteanu, A. Puiu, N. Volonciu, A. Barbu, D.L. Julean).

The author brings forth, with an exemplificative role, the case of Rompetrol, presenting jurisprudence from the Constitutional Court of Romania.

In closing, the author draws conclusions regarding the previous regulation.

Keywords: technical surveillance; judge; prosecutor; constitutional challenge; methods of investigation.