A posteriori control of the legality of technical surveillance in Romanian criminal proceedings

Abstract

The a posteriori control of the legality of the technical surveillance involves a verification of all the requirements of legality and proportionality of the interference in the right to private life after its approval by the judge of rights and liberties or the execution.

In this framework, I presented the way in which the Constitutional Court assessed that the ex post verification of the technical supervision should be ensured, as well as the new procedural regulation highlighting the person who can make the complaint, the judicial bodies competent to resolve it and the object of the preliminary chamber judge's analysis.

Likewise, the multiple hypotheses of interpretation of the general provisions of the appropriate procedure were highlighted in order to avoid future difficulties in the interpretation and application of the norm.