StatusThe thesis was presented on the 26 March, 2010
Approved by NCAA on the 29 April, 2010
Abstract– 0.30 Mb / in romanian
The thesis contains an introduction, 4 chapters, conclusions and recommendations, bibliography from 230 sources, 165 fundamental text pages. The results obtained are published in 7 scientific papers.
. The paper is dedicated to the research of the legal provisions and the practice of interception and recording of conversations and communications, thus being a complex and detailed study both of the procedural criminal legislation and of the national security. The scope of the paper is the elaboration of the theoretical conception and of the practical application principles in the field of interceptions and recordings in order to approximate the Romanian and Moldavian legislation with the provisions of the Article 5 „The right to freedom and safety” of the European Convention on Human Rights and Fundamental Freedoms, as well as to the jurisprudence of the European Court of Human Rights. The objectives of the paper are: guidance of the users and beneficiaries of the criminal Law, legislation analysis, complex research, elucidation and clarification, judicial-historical and judicial-comparative exegesis, examination of the judicial practice, interpretation and highlighting of the convergences and divergences, enunciating proposals meant to contribute to the improvement of the legal norms.
Choosing the methodology of the research has been determined by the complex character of the investigated subject. The logical method (analysis and synthesis), the historical method, juridical-comparative method and the method of studying documents have been used. The presentation of the basic ideas has been complemented with multiple examples from the judicial practice. The novelty, scientific originality and theoretical signification consist of producing, for the first time, of a compared analysis of the evolution and application in the synchronic plan of the juridical norms on interception of conversations and communications. The finality of the paper is mainly represented by the elaboration and recommendation of theoretical and practical solutions for improving the actual legislative framework.
The applied value of the present paper consists of its conceptual substance, being a contribution to the development of both theoretical and practical aspects. The implementation of the results has even an educational orientation, while some proposals are directed towards improving the legislative framework.
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