Remedies and Sanctions for Non-Compliance with the Aspects Aiming at the Authorization and Development of Supervision and Research Special Methods

Abstract

The distinction between the notion of sanction and that of remedy is very important from the perspective of the present analysis, as the idea of sanction implies, in addition to bringing the whole criminal process within lex limits and the idea of punitive, sanctioning the individual’s conduct, the last being the basis of the institution, while the notion of remedy pursues and at the same time places in the main plan the idea of safeguarding the entire procedure by trying to keep the procedural and processual activities within reasonable limits. From the perspective of the analysis of the existence and the need to implement the legislation, we can easily conclude in the regard that these methods, techniques are intrusive. Thus, in order to be able to determine the concrete content of the intrusion, we must appeal to the principles of criminal processual law.

The latter principles benefit both from a framework regulation in the Fundamental Convention for the Protection of Human Rights and Fundamental Freedoms, but also from an internal regulation in the Code of Criminal Procedure, as amended by Law no. 255/2013 for the implementation of Law 135/2010 on the Code of Criminal Procedure and for amending and supplementing some normative acts that include criminal procedural provisions.