Issue of exclusion of the telephone intercepts rendered through the agency of the intelligence services

DEZBATERI

Abstract

The analysis of the procedural situation regarding the exclusion of telephone intercepts rendered through the agency of the intelligence services should consider the constitutional solutions in terms of the possibility of qualifying the specific activity as being of technical 
nature, with the application in the context of certain fundamental rules of judicial interpretation, by making a distinction between the procedure/procedural document for enforcement of the mandate of supervision and the administrative/operative support/assistance/contribution, by taking into account the concrete activities of the 
procedure/procedural and administrative/operative nature submitted in each case for the capitalization of mandates of technical supervision. In this context, another procedural remedy may be provided – the reduction or condition of the evidentiary value of the evidence in the case.