Unele aspecte privind reţinerea, predarea şi percheziţionarea trimiterilor poştale

Aspects regarding seizing and searching of mail

Mihai SUIAN

Avocat - Baroul Cluj

ABSTRACT

In this article the author has analyzed the implications of seizing and searching of traditional mail in the context of the New Criminal Procedure Code, presenting the evolution of the protection of privacy and the secret of correspondence in Romania and of the lawful use of mail as evidence in criminal trials.

The author shows the legal context in which the method of investigation may be used, and shows how it can be used to provide evidence to the investigator and also show its limits in correlation to modern methods of obtaining evidence. The seizing and searching of mail and other forms of correspondence can aid investigators in discovering the criminal intent of wrong-doers and also of capturing physical evidence sent by mail. Great care must be taken in order to ensure that the method is used proportionally and with...