EIRP Proceedings, Vol 15, No 1 (2020)

Aspects Regarding the Legality of Search Warrants Obtained Based on the Recordings Conducted with the Logistics of the Romanian Intelligence Service

Sandra Gradinaru

Abstract


The search warrants that were obtained based on the recordings taped with the logistics of the Romanian Intelligence Service are struck by nullity. This statement comes in the context in which the interception authorizations were enforced by a non-competent criminal investigation bodies, an aspect which is struck by nullity. Taking into account that the search warrants were granted exclusively on the basis of audio recordings obtained with the logistics and support of the Romanian Intelligence Service, the derivative proofs are to be excluded if they were obtained indirectly from illegal evidence. According to the Romanian Criminal Procedure Code, the recordings are to be conducted by the public attorney or the criminal investigation body. The Romanian Intelligence Service is an institution without judiciary attributions, with a secret identity. According to the Romanian Constitutional Court’s Decision number 22/2018, if the surveillance recordings are obtained with the support of the Romanian Intelligence Service, this evidence is to be physically eliminated from the case’s files in order to effectively guarantee the presumption of innocence and the right to a fair trial.


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