EIRP Proceedings, Vol 8 (2013)

Abstract

This paper analyzes the situations and conditions in which the provisions of Law no. 535/2004 are applicable for intercepting and recording of communications. It also analyzes the compatibility of provisions from special laws with those of the Criminal Procedure Code and the relevant jurisprudence of the European Court regarding: conditions for authorizing, the person empowered to issue the authorization, as special normative documents still refers to prosecutors, the maximum period for interception, defining clear categories of offenses and persons likely to be subject of interceptions, conditions, procedures and institutions - categories of experts responsible for verifying the authenticity of the recordings.