Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Carajeleascov, CristinaSubject: search.filters.subject.judicial control

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    DREPTUL LA RESPECTAREA VIEȚII PRIVATE ÎN CADRUL PROCEDURILOR PENALE
    (CEP USM, 2021-12-08) Carajeleascov, Cristina
    The priority of each state of law is to guarantee the observance of the right to inviola- bility of the privacy of every person under its jurisdiction. Due to the fact that the privacy right is not an absolute right, both national and international normative acts allow the interference of state authorities under exhaustive conditions provided by law that directly contribute to the achievement of the purpose of criminal proceedings. During criminal proceedings, the investigating judge is in charge of the supervision of the observance of human rights when carrying out criminal prosecution actions adversely affecting the ri- ghts of the persons involved. The importance of judicial control is outlined by the fair, equidistant and objective assessment of the acceptance of the interference in terms of its proportionality compared to the aim pursued.
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    CONTROLUL JUDICIAR AL AUTORIZĂRII EFECTUĂRII INTERCEPTĂRII ŞI ÎNREGISTRĂRII COMUNICĂRILOR PRIN PRISMA PRINCIPIULUI PROPORŢIONALITĂŢII
    (CEP USM, 2021) Carajeleascov, Cristina
    Special investigative measures make a significant contribution to the process of investigating and counteracting the phenomenon of crime, and the implementation of judicial control in the national legislation ensures respect for the rights of the person involved in criminal proceedings. Respect for human rights in criminal proceedings is ensured by the existing judicial mechanism for authorizing the interception and recording of communications, and the investigating judge has the role of assessing both the need to intercept and record communications and the relevance of the result obtained by verifying compliance with the law when such measures are carried out. This is a complex procedure, which is performed in accordance with the principle of proportionality, where all circumstances are assessed and considered individually, and this ensures the purpose of criminal proceedings.