2015
Cătălin ONCESCU, Aspects related to the Right of the Prosecutor to Temporarily Authorize Measures of Technical Surveillance and Entry of Criminal Investigation Bodies on Private Property in order to Enable or Disable Technical Means for such Surveillance
Abstract: According
to the Romanian criminal procedure law (art. 141 Criminal Procedure Code), the
prosecutor may authorize temporarily, for a maximum of 48 hours, any measure of
technical surveillance. This draws the question to know whether, during the temporary authorization of
the technical surveillance, the prosecutor may also authorize the criminal
investigation body to entry private property
in order to enable or disable technical means of surveillance.
This paper attempts to
demonstrate that the answer can only be negative. The only judicial body that
can authorize that the criminal investigation body entries private property, in
order to enable or disable technical means of surveillance, is exclusively the
Judge of rights and freedoms.
Key-words:
technical surveillance, temporary
authorization ordered by prosecutor, entry on private property by the
criminal investigation body
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