Computer search. Lack of access to suspect. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 168 of the Criminal Procedure Code.
On 31 August 2023, the Buzău Court - Criminal Section admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 C.pr.pen. In essence, the exception was based on the fact that the legal provisions in question do not allow the person who is a suspect to submit to a posteriori legality control the decision to carry out a computer search. In support of the exception, the constitutional standard on interference with the right to privacy, highlighted in particular by Decision No 244/2017, and the case-law of the European Court of Human Rights and the Court of Justice of the European Union, were raised.
Procedural safeguards for people with disabilities. Application of Article 4(i) of Law 8/2016 in criminal proceedings
Our society represented the Centre for Legal Resources (CRJ), an NGO that carries out programmes to defend the rights of people with disabilities and which monitored a residential centre where such people are housed, showing that it also has legal standing in the criminal proceedings investigating the findings of the monitoring. Thus, in those cases where one or more persons with disabilities in the monitored institution are the main subject of the proceedings, the organisation has in principle access to the same procedural means as the protected person. Therefore, in the case known as the Ilfov shelters case, the prosecution body found that the JRC has such a procedural status and can exercise the procedural rights of the injured persons falling into the category mentioned.