Fiches Belges

Under International Judicial Cooperation the measure is covered by Article 241 of the Law no. 302/2004 on international judicial cooperation in criminal matters and includes the interception of communications or of any type of remote communications designates the wiretapping, accessing, monitoring, collection or recording of communications via phone, computer system or any other communication device. At national legal framework, art. 154 of the Criminal Procedure Code provides for the preservation of computer data.

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 Convention on Cyber crime, Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters

A prosecutorial order is transmitted forthwith to any provider of public electronic communication networks or provider of electronic communication services intended for the public holding the data or having control on such data, and the latter are under an obligation to preserve it immediately, under confidentiality terms. In respect of computer data identified through accessing a computer system, the prosecutor may order, through a prosecutorial order: a) making and preservation of a copy of such computer data; b) prohibition of access to or removal of such computer data from the computer system. Copies shall be made by means of appropriate technical devices and procedures, of nature to ensure the integrity of information contained by these. Together with the application for a confirmation of their measure, or separately, the prosecutor may request the Judge for Rights and Liberties to warrant electronic surveillance measures.

Romanian

The preservation is ordered by the prosecutor, ex officio or upon request by criminal investigation bodies, for a term of maximum 60 days, through an order . A preservation measure may be extended by the prosecutor, only once, for well-grounded reasons, for a term of maximum 30 days.

If in a case the court returned a conviction sentence, a waiver of penalty or penalty reprieve, an acquittal or a termination of criminal proceedings, which remained final, the material medium or its copy shall be preserved by being archived together with the case file at the premises of the court, in special places, by ensuring confidentiality.