Technical supervision measures. Absolute nullity of the hearing minutes by which they were ordered by the rights and freedoms judge, during the criminal prosecution, technical supervision measures

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

The technical supervision measure is legally ordered by the rights and freedoms judge even if the offence representing the object of the criminal prosecution file and for which investigations are conducted, or there is a reasonable suspicion regarding the preparation of such an offence, is not one of the offences whose name is expressly indicated in Article 139 para. (2) of the Code of Criminal Procedure, respectively the limit of punishment is not of 5 years of imprisonment or longer, if the investigated offence is committed by computer systems. The absolute nullity of the hearing minute of the rights and freedoms judge, by which a technical supervision measure was ordered, may be relied on during the whole  criminal proceedings, therefore, in the appeal proceedings, even if it was relied on in the pre-trial chamber and represented the object of the analysis of the preliminary chamber judge who established that the hearing meeting was lawful.