Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 13 April 2022

High Court of Review and Justice 

PRESS RELEASE

In its session of 13 April 2022, the High Court of Review and Justice – Panels for the Clarification of Certain Points of Law, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

 

Decision #20 in Case #196/1/2022

            Denies as inadmissible the request brought by the Court of Appeals Bacău, Chamber for Criminal Matters and Juvenile and Family Cases, for a preliminary ruling for the clarification of the following point of law:

            “If a technical surveillance warrant has already been issued for video, audio or photographic surveillance, is the prosecutor under an obligation to report to the Judge for Rights and Liberties, as under Art. 148 para. (10) in the Criminal Procedure Code corroborated with Art. 148 para. (3) in the Criminal Procedure Code, when he/she considers it necessary that the law enforcement operative should be able to use technical devices in order to obtain photographs or audio and video recordings.” 

            Obligatory as of the date of publication in the Official Journal of Romania, Part I under Art 477 para. (3) in the Criminal Procedure Code.

            Returned in public session today, the 13th or April 2022.

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

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