EIRP Proceedings, Vol 11 (2016)

Considerations Regarding The Motion To Notify The High Court Of Cassation And Justice In Order To Issue A Prior Decision For Solving Certain Law Issues In Preliminary Chamber Procedure

Sandra Gradinaru


The present paper aims to sustain the concept regarding the possibility of examining the lawfulness, in the preliminary chamber, of court orders issued by a judge for rights and freedoms through which technical surveillance measures were authorized. This work is of great interest given the obvious discrepancy between the object of preliminary chamber procedure, in the light of the legality and validity of evidence acquired during prosecution and the non challengeable nature of the warrant as provided by the Romanian Criminal Procedure Code. The jurisprudence of national court decisions reveals that the rulings issued by a judge for rights and freedoms trough which a measure of technical surveillance is authorized are subject to judicial control in the preliminary chamber, but there also are several courts in Romania that states on the contrary.


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