Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Romania

Interception and recording of other forms of communication (103)

1. MEASURE IMPLEMENTATION

Romania

Is this measure possible in your Member State under International Judicial Cooperation?

Accessing a computer system designates the penetration of a computer system or of other data storage device either directly or from a distance, through specialized programs or through a network, for the purpose of identifying evidence. A computer system is any device or combination of devices interconnected between them or in a functional relationship, one or more of which provide the automatic data processing by means of a computer program. Computer data is any representation of facts, information or concepts in a form appropriated for processing in a computer system, including a program able to determine the performance of a function by a computer system.

2. LEGAL FRAMEWORK

Romania

International legal framework applicable for this measure in your Member State

Convention on Cybercrime European Convention on Mutual Assistance in Criminal Matters, Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union

3. COMPETENT AUTHORITY TO:

Romania

* receive the request/decision for judicial cooperation

Under the legal instruments of the Council of Europe, requests should be sent, during the investigation and prosecution stage, to the Prosecution Office of the High Court of Cassation and Justice, and during the trial stage, to the Ministry of Justice. According to the declaration made by Romania when acceding to the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, the Prosecution Office of the High Court of Cassation and Justice, is the competent authority for requests for assistance set out in Articles 18, 19 and 20(1) to (5) of this Convention. In case of urgency, request may be made via EJN contact points or Eurojust.

* execute/recognise the measure (if other than the receiving authority)

The measure is subject to the authorization (electronic surveillance warrant) of the Judge for Rights and Liberties of the competent court and can be disposed for a period no longer than 6 months (for the same person and the same criminal act). The prosecutor may however authorize the measure, for a time period of maximum 48 hours, when: a) there is an emergency situation, and the obtaining of a electronic surveillance warrant would lead to a substantial delay of investigations, to the loss, alteration or destruction of evidence, or would jeopardize the safety of the victim, of witnesses or of their family members; a) there is a reasonable suspicion in relation to the preparation or commission of one of the offenses listed below; b) such measure is proportional to the restriction of fundamental rights and freedoms, considering the particularities of the case, the importance of information or evidence that are to be obtained or the seriousness of the offense. Within a maximum of 24 hours following expiry of a measure, the prosecutor is under an obligation to notify the Judge for Rights and Liberties of the competent court in order for them to confirm the measure and, at the same time, shall forward a report presenting a summary of the electronic surveillance activities performed and the case file.

4. ACCEPTED LANGUAGES

Romania

Accepted languages for the request/decision

Requests and annexed documents shall be accompanied by a translation into Romanian or into either English or French. Reciprocity may apply. This is without prejudice to the provisions concerning the translation of requests or annexed documents contained in the agreements or arrangements in force or to be made between Romania and requesting state.

5. EXECUTION DEADLINE

Romania

Deadlines for the execution of the request/decision (where applicable)

No legal deadlines

6. CONCISE LEGAL PRACTICAL INFORMATION

Romania

a. Special requirements

The measure is authorized by the Judge for Rights and Liberties when the following requirements are cumulatively met: a) there is a reasonable suspicion in relation to the preparation or commission of one of the offenses listed below; b) such measure is proportional to the restriction of fundamental rights and freedoms, considering the particularities of the case, the importance of information or evidence that are to be obtained or the seriousness of the offense; c) evidence could not be obtained in any other way or its obtaining implies special difficulties that would harm the investigation, or there is a threat for the safety of persons or of valuable goods. Measure may also be ordered in case of offenses against national security stipulated by the Criminal Code and by special laws, as well as in case of drug trafficking, weapons trafficking, trafficking in human beings, acts of terrorism, money laundering, counterfeiting of currency or securities, counterfeiting electronic payment instruments, offenses against property, blackmail, rape, deprivation of freedom, tax evasion, corruption offenses and offenses assimilated to corruption, offenses against the European Union’s financial interests, offenses committed by means of computer systems or electronic communication devices, or in case of other offenses in respect of which the law sets forth a penalty of no less than 5 years of imprisonment.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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