THE EVIDENTIAL VALUE OF AUDIO RECORDINGS OR VIDEO RECORDINGS

Ioan Garbulet and Sandra Gradinaru
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Ioan Garbulet: Ph.D. Candidate, Judge, Vice-President of Tirgu Mures Court of Appeal, ROMANIA.
Sandra Gradinaru: Ph.D. Candidate, Teaching Assistant, "Alexandru Ioan Cuza" University of Iasi, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2012, vol. 48, 90-100

Abstract: Effecting interceptions and audio or video recordings can take place only under the conditions and as per limits established by law, otherwise these will be removed from the trial, the solution of returning the case to the prosecutor being unacceptable. The possibility of performing audio or video recordings and interceptions is accepted in the period of prior acts, as the legal provisions which regulate this institution don’t determine the process of effecting these recordings or interceptions according to the start or cease of criminal prosecution. At the same time, the dialogues and conversations which were intercepted or recorded can be also used in another criminal case, if from their content there result pieces of information which are important and useful with regards to preparing or performing another crime besides the ones in art. 911 par. 1 and 2 from the Criminal Procedure Code, the legislator giving the possibility that a recording submitted by the parties be an evidence in the trial, if it concerns the accused own conversations held with third parties, if they are not prohibited as per law, and they are authentic.

Keywords: audio or video interceptions and recordings; evidential value; evidences; prior acts; parties. (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2012
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