NELEGALITATEA INTERCEPTÃRILOR ȘI ÎNREGISTRÃRILOR AUDIO SAU VIDEO EFECTUATE ÎN FAZA ACTELOR PREMERGÃTOARE

The study examines the issue of unlawful interceptions and audio or video recordings made during preliminary acts, i.e. prior to prosecution; this is a common problem the case law courts are often faced with. The conclusion that interceptions and carrying out audio or video recordings prior to the start of a criminal trial are unlawful is produced by the author based on the analysis of the Constitutional Court’s jurisprudence on this matter and of power of res judicata accompanying the Constitutional Court’s judgments which is attached not only to the operative part, but also to the considerations underpinning it.