[ad_1]
The Chamber of Deputies tacitly adopted, on Tuesday, the legislative proposal to amend and complement Law no. 51/1991 on the national security of Romania, initiated by PNL deputies Cătălin Predoiu, Gabriel Andronache and Cristina Trăilă.
The deadline for debate and final voting was exceeded on November 12 and, therefore, the legislative proposal is considered approved. The bill will enter the Senate’s decision-making process.
According to the draft, “data and information of interest to national security, resulting from authorized activities, if they indicate the preparation or commission of a deed provided for by criminal law, are kept in writing and transmitted to the criminal prosecution bodies, according to art. 61 of the Criminal Procedure Code, accompanied by the order issued in their favor, to which is added the declassification proposal, where appropriate, in full or in extract, according to the law, of the order.
The presiding judge has the first word
The conversations and / or intercepted communications, reproduced in writing, and / or the recorded images are transmitted to the criminal investigation bodies in their entirety, accompanied by their original digital content. The provisions of art. 143 par. 3 and 4 and art. 146 of the Code of Criminal Procedure will be applied accordingly ”.
At the same time, the draft stipulates that, “if the records resulting from the specific information gathering activities, which imply the restriction of the exercise of fundamental rights or freedoms, carried out in compliance with the provisions of this law, are used as evidence In a criminal proceeding, its legality and the evidentiary procedures through which the registrations were obtained are verified, in the preliminary chamber procedure, by the judge of the preliminary chamber of the court who, according to the law, has competence to judge the case in the first instance ”.
The illegality of the records can be invoked in the first term
In criminal cases in which, as of the date of entry into force of this law, the procedure in the preliminary chamber has been completed, ordering the start of the trial, and in which the files resulting from own activities are used as evidence collection of information that imply the restriction of exercise. of some human rights or fundamental freedoms, carried out in compliance with the provisions of Law No. 51/1991 on national security, the legality of these records and the evidentiary procedures through which the records were obtained are verified by the court in charge of resolving the case.
In these criminal cases, the illegality of the respective records or of the evidentiary procedures through which the records were obtained may be invoked until the first trial period with the complete process, after the entry into force of this law, if the infractions do not they are sanctioned with absolute nullity. “the project tacitly adopted.
source: Agerpres
