Computer search. Lack of access to suspect. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 168 of the Criminal Procedure Code.

On 31 August 2023, the Buzău Court - Criminal Section admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 C.pr.pen. In essence, the exception was based on the fact that the legal provisions in question do not allow the person who is a suspect to submit to a posteriori legality control the decision to carry out a computer search. In support of the exception, the constitutional standard on interference with the right to privacy, 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 raised.