Localizarea sau urmărirea prin sistemul de poziţionare globală (GPS) ori prin alte mijloace tehnice [Articol]

Abstract

The regulations in the field of special investigation activity require a substantial revision in order to be brought in full accordance with the provisions of the Constitution, the Criminal Procedure Code, and with the norms and spirit of the international law. The regulations on localization or tracking through the Global Positioning System (GPS) are not an exception as well. The localization or tracking through the global positioning system should only be used if there are serious grounds for believing that a serious crime has been committed or is prepared or is being prepared by one or more specifically identified persons, or by one or more persons or a group of people who have not yet been identified. Regarding the authorization of interference in case of suspicion regarding the preparation of a crime, the legislator gave effectiveness to the principles of proactive investigation, which have a wide application in various legal systems. At the same time, in order to guarantee the principle of proportionality, when ordering the use of special techniques to which localization or tracking through the global positioning system is assigned, this use must be assessed according to the seriousness of the offenses and considering the intrusive nature of the technique used.