CONTROLUL JUDICIAR AL AUTORIZĂRII EFECTUĂRII INTERCEPTĂRII ŞI ÎNREGISTRĂRII COMUNICĂRILOR PRIN PRISMA PRINCIPIULUI PROPORŢIONALITĂŢII

Abstract

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.