The interceptions and audio-video recordings acquire evidence value only in the context of starting the penal prosecution in question, conception shared by the Constitutional Court in the content of the Decision no. 962/2009 and by the new code of penal procedure.

By approaching the problem regarding the moment in which must be authorized the measures of interception and audio or video recording, we tried to reason in our own vision, the way in which the interpretation of the legal dispositions by the Judicial organs that consider that interceptions can be disposed in the phase of the preceding documents, correspond with respecting the principles of the human rights.

From the perspective of the article 91², the interceptions and recordings stipulated in the article 91¹ C.pr.pen. can be done personally by the Prosecutor that investigates the cause or through delegation, by the workers from within the judicial police, alongside of which technically speaking specialists or technicians compete (Foreign langauges tecahers, or engineers) from within other institutions, as a rule, services or specialized structures in selecting and processing the information.

Regarding this aspect, we appreciate that making these activities by a technician, from within the structures that is not involved in question, determines situations in which the Prosecutor does not have the possibility to check the way in which the selection of the informational traffic is done.

As for the article 91² paragraph5 C.pr.pen, we consider that must be analyzed the situation of the third parties that communicate with the person of whose conversations are intercepted and recorded, and regarding which there is the possibility of making numerous abuses.

Article 91³ C.pr.pen stipulates in the content of the line 1, the whole replay, in a verbal process, of the conversations or intercepted communications or registered, that are regarding the fact that represents the object of the research or that contributes to identifying or locating the participants.

The legal dispositions that are relative to archiving the support on which the registered conversations are imprinted in the cases in which some solutions were disposed of not suing raise certain problems related to security and confidentiality of the data contained on this, in the context in which from the moment of recording, are notified about the content of the conversations a great no of people, including the penal investigation organ, the prosecutor, the people that give the technical competition, and in practice there were cases in which interceptions done in penal causes, came in the posession of some unauthorized people or even in mass media.

The stipulations of the article 91⁶ C.pr.pen. regard the possibility of making the technical expertise of the recordings that constitute a new guarantee put at the disposition of the people of whose communications are intercepted, are valid more at the theoretical level.

These arguments come in supporting our affirmations according to which the given guarantees by the legal directives in the interceptions material and audio-video recordings are available only at theoretical level.