Danubius International Conferences, 13th International Conference on European Integration - Realities and Perspectives

Probative Value Of Data Obtained Through Technical Surveillance

Andrei Bacauanu
Last modified: 2018-04-23


The present paper aims to analyze the probative value of data obtained through technical surveillance, as the efficiency of the fight against corruption and organized crime calls for the use of modern investigative means and judicial bodies increasingly resort to the use of technical surveillance to obtain evidence in criminal proceedings.

Statistical data from the courts attests to the large number of requests for authorization of interception of communications, a context in which we can state that this measure became a routine measure in criminal cases.

Usage of intercepted communications as evidence obtained in other cases raises serious questions as to ensuring the proportionality of the interference with the right to privacy and with the pursued scope which must be legitimate, concrete, known, verified and analyzed by the judge at the time of authorization and not a future one, hypothetically, which may later arise in other causes.

Another question marks the legal basis, in terms of quality and compatibility with the principle of the preeminence of law, the storage and archiving of communications for a long time, for use in other future causes.

The academic and practical interest of the present study lies in the fact that it addresses both law theorists and practitioners in the field as it analyzes how judicial bodies can use data relevant to the criminal process, obtained through modern surveillance techniques.