EIRP Proceedings, Vol 8 (2013)

Aspects in connection to the interception and the recording of talks or conversations performed as per Law 51/1991 regarding the national security of the Romanian country

gradinaru sandra

Abstract


This study is aimed at analysing the cases and conditions in which the interception of conversations is actually authorised, as per Law no. 51/1991. At the same time the manner in which the provisions of the Code of Criminal Procedure interferes with this Law and with Law no. 535/2004 is presented on legal grounds with regards to issuing the mandate. This analysis studies the aspects of compatibility between the provisions of the present Law and the Convention for Human Rights and Fundamental Freedoms, i.e. the jurisprudence of the European Court of Human Rights. 


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