Autor: Magdalena ROIBU
Publicat în: Revista de Științe Juridice Supliment 2015
Disponibil online: aici.
About pitfalls and ellipse in the new Criminal Procedure Code
Abstract: Just one year has passed since the New Code of Criminal Procedure entered into force and it has already entailed a less favorable reputation among legal professionals, especially practitioners. Censured by decisions of unconstitutionality and “adjusted” by several Government Emergency Ordinances, the New Code of Criminal Procedure, in its current shape, still does not correspond to what is naturally expected from the most recent Code of Criminal Procedure in Europe. The present study aims at performing a critical analysis of certain institutions (namely, some special methods of surveillance or investigation) which prove to be genuine traps from the perspective of the right to a fair trial (e.g. authorized participation to certain activities, otherwise illegal – art. 150 in the Code, or obtainment of data generated or processed by providers of public networks of electronic communications or by providers of services of electronic communications destined for the public, distinct from the content of communications and retained by the former – art. 152 in the Code). The study also addresses the legislative gaps, derived from a lack of mature lawmaking initiative, which cast a negative influence on the dynamics of the New Code of Criminal Procedure, an issue that keeps on generating controversies, both at the level of the doctrine, and in the daily judicial criminal practice.
Keywords: the New Code of Criminal Procedure, decisions of unconstitutionality; right to a fair trial; authorized participation to certain activities; otherwise illegal; obtainment of data generated or processed by providers of public networks of electronic communications; legislative gaps.
