High Court of Cassation and Justice. Lack of appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code.
At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division referred the matter to the Constitutional Court for constitutional review on the grounds of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code, as they do not regulate an appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. In support of the exception, we have raised the constitutional standard on interference with the right to privacy, highlighted in particular by Decisions No 244/2017 and 421/2020, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union.
High Court of Cassation and Justice. Complaint against the authorisation of the collection of traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public, based on the provisions of the European Convention on Human Rights. Admission
The preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division upheld the complaint based on Articles 8 and 13 of the European Convention on Human Rights concerning the authorisation of the obtaining of traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. The complaint was lodged for our client after the decision to close the case was taken, noting that the legislation in force does not regulate an appeal in this situation, as the provisions of Article 1451 of the Criminal Procedure Code do not cover such a method of investigation.
High Court of Cassation and Justice. Complaint against technical surveillance measures and authorisation to obtain financial transaction data. Admissibility
The Preliminary Chamber Judge of the High Court of Cassation and Justice - Criminal Division admitted the complaint based on the provisions of Article 1451 of the Criminal Procedure Code concerning the technical surveillance measures ordered in respect of our client in a case in which a decision to close the case was ordered, finding that they were unlawful. The measures concerned the interception of communications and any type of remote communication, location and tracking by GPS or other means of remote surveillance and audio-video or photographic surveillance. The judge also upheld the complaint concerning the authorisation to obtain data on financial transactions, based on the provisions of Article 1461(2) of the EC Treaty. (8) rap. to Article 1451 of the Criminal Procedure Code. In doing so, the destruction of the data and records resulting from the decisions authorising those measures was ordered. It is recalled that the provisions of Articles 1451 and 1461 para. (8) were introduced into the Code of Criminal Procedure by Law No 201/2023 (M.Of. No 618