Andra Trandafir - law firm
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Address: 60 Vasile Lucaciu Street, Sector 3, 030167, Bucharest

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.

In a criminal trial started in 2013, the case is still before the first court, our firm has filed a challenge on behalf of the client we represent - a credit institution that has joined the criminal proceedings as a civil party - regarding the duration of this criminal trial. The appeal was based on the provisions of the European Convention on Human Rights, since the remedy provided for by the Code of Criminal Procedure applies, according to the Law implementing the Code, only to proceedings commenced after 1 February 2014. The High Court of Cassation and Justice declared the appeal thus lodged admissible and, on the merits, it was upheld, the Supreme Court setting a time-limit of one year within which the case must be completed by the first instance.