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 Article 1461 para. (8) rap. to Article 1451 of the Criminal Procedure Code.
In doing so, the destruction of the data and records resulting from the orders authorising those measures was ordered.
Recall 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 of 6 July 2023), following the decisions of the Constitutional Court on this matter.