COMPUTER SEARCH VERSUS TECHNICAL-SCIENTIFIC FINDING

• Main Author: Radu SLĂVOIU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2018-05-01
• Series: Challenges of the Knowledge Society
• Subjects: search; technical-scientific finding; computer system; the role of the specialists; the exclusionary rule
• Online Access: http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_027.pdf

The study intends to establish delimitation between computer search and technical-scientific finding, having as a starting point certain cases encountered in the judicial practice when the law enforcement authorities confused the scopes of these two evidentiary procedures. The author emphasises that such an error can injure the fundamental rights of the parties of the criminal case, including the right of defence that the suspect or the defendant has, and can lead to the exclusion of the gathered evidence.