Reflecții cu privire la conceptul „fishing expedition” în procedura penală națională [Articol]

Abstract

This analysis addresses issues aimed at identifying and examining certain deficiencies in national legislation concerning the prevention of unjustified interferences with the right to private life. In this context, it examines the case-law standards developed by the United States Supreme Court and the European Court of Human Rights regarding the compatibility of searches and other forms of interference with fundamental rights, as well as the exclusion of abusive evidence-gathering practices intended to support future accusations. The proposed measures seek to reduce the risks of unjustified interference and to strengthen procedural safeguards.