Aspects Regarding the Necessity to Admit the Forensic Expertise of the Data Resulting from Technical Surveillance

Abstract

The present paper aims to analyze the need to administer the evidence with the forensic expertise of the data resulting from the technical surveillance. Even if the criminal procedural law provides for the faithful registration in the minutes of recording the technical surveillance, in case law it was found that the judicial bodies violated this obligation to substantiate the accusation. In such cases, the parties must contest in front of the judge the authenticity of these means of evidence. The means of verifying both the authenticity of the recordings and the loyalty of the record of the interception of conversations consists in conducting forensic expertise. The administration of forensic expertise implies the meeting of conditions such as the existence of facts or circumstances of the cause that require specialized knowledge in a certain field, but also the clarification of their meaning. The administration of forensic expertise of the data resulting from technical surveillance presents a probative interest since any deletion, editing, insertion of replicas or alteration of the original content of a recording can lead to a change in the meaning of a call, so it is necessary to remove it as evidence.