UNCONSTITUTIONALITY OF SOME PROCEDURAL-CRIMINAL PROVISIONS REGARDING THE OBLIGATION TO INFORM ABOUT THE TECHNICAL SURVEILLANCE MEASURE
DOI:
https://doi.org/10.55516/ijlso.v1i1.14Keywords:
respect for privacy, judicial procedure, public safety, technical surveillance, unconstitutionalityAbstract
The concept of ”public safety” can be viewed, in relation to the need to respect the fundamental rights of the person during judicial proceedings, from a dual perspective:
- on the one hand, public safety is guaranteed by ensuring that these fundamental rights are respected, because the safety of every person involved in legal proceedings ultimately leads to the preservation of public safety;
- on the other hand, some limitations of these rights (in the sense of interfering with their exercise) may occur, in a state governed by the rule of law, only under conditions strictly provided by law and in cases justified precisely by the need to guarantee public safety. This study addresses, from this second perspective, the possibility of limiting by law the fundamental rights of the person during judicial proceedings (in this case, the right to privacy) and refers to the regulation of technical supervision, as evidence in criminal proceedings, calling into question the unconstitutionality of some criminal procedural provisions regarding the obligation to inform the under-surveillance person about the measure that targeted her.
References
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