High Court of Cassation and Justice. Computer search. Lack of appeal, following the decision to close the case, for the person subject to the search, who had no standing in the criminal proceedings. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 168 of the Criminal Procedure Code.

The High Court of Cassation and Justice - Criminal Section has admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 of the Criminal Code.

In essence, the objection was based on the fact that the legal provisions at issue do not allow a person who has been subjected to a computer search and who did not have a status in the case, to submit the decision authorising the computer search and the manner in which it was carried out to a subsequent review of its legality. In support of the exception, the constitutional standard on interference with the right to privacy, as highlighted in particular by Decision No 244/2017, and the case-law of the European Court of Human Rights and the Court of Justice of the European Union, were referred to.