EIRP Proceedings, Vol 7 (2012)

Abstract

This paper aims to examine the procedure by which relevant information obtained by prosecution bodies through interception acquire a probative value through minutes of play. The exploatation of audio or video recordings in a probation plan implies, according to Art. 91³ Criminal Procedure Code, preparation by the prosecutor or employee of the judicial police appointed by the prosecutor, of the minutes of playing a full conversation or communication intercepted and recorded. These documents, provided that they comply with the law, is evidence, being part of the criminal prosecution handled in the case.

From this perspective, we consider that, in order to establish the truth and a correct assessment of the evidence, it is very important for sound recordings to contain conversations in full, not piecemeal, as frequently happens in practice. In fact, Art. 91³ par. 1 from the Criminal Procedure Code unequivocally establishes the necessity of a full transcript of the recorded conversations not only some of these passages. On the other hand, under the full transcript, there is a risk of being violated Art. 8 of the Convention.