Analiza modificărilor aduse de Legea nr. 201/2023 în materia supravegherii tehnice

MIHAI VIOREL TUDORAN*

* e-mail: tudoran_mihai@yahoo.com

Judecător (p)

ABSTRACT

This article addresses a subject that is very little dealt with in the specialized literature, namely the way in which the legislator understood to complete or modify the matter of special methods of surveillance or research, with exclusive regard to technical surveillance, in order to bring the Code of Criminal Procedure into line with the Decisions of the Constitutional Court of Romania admitting some exceptions of unconstitutionality no. 244/2017, respectively no. 55/2020. The paper aims at the analysis and criticism, where appropriate, of the newly introduced/amended articles, observing both the individuality of each text of the law and the inherent links between them.

The starting point was the conclusion of the constitutional judges that, in the matter of technical surveillance measures, which constitute an interference in the...