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Penetration can be achieved by using software of the Trojan horse type, which is installed in a computer and communicates all data run on that computer system, but also remotely, by using the Internet connection used by the user, or through the direct installation of key logger software, where there is access to the respective system. The authorization of this activity will be achieved through the issue of a technical surveillance warrant upon the prosecutor's request, by the competent judge of rights and freedoms.
The request will be settled on the same day in closed session, without summoning the parties and with the prosecutor's mandatory participation.Jurassic World: Fallen Kingdom - Final Trailer [HD]
The handling of the prosecutor's request for technical surveillance arrangements is a non-public procedure, given the confidential nature of this evidence-gathering process. Technical surveillance can be ordered in the course of criminal prosecution, according to Art. The technical surveillance warrant may be extended, for reasons duly substantiated, by the judge rights and freedoms of the competent court, upon the prosecutor's reasoned request, but each extension may not exceed 30 days.
All these extensions, according to Art.
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If the criminal prosecution body has information regarding the suspect's criminal activity, which is carried out by means of a computer system or from a computer system, it may order the preservation of the computer data by the communication service provider.
Service provider shall mean4: The preservation of traffic data may lead to the identification of the person who sent the respective data. Crimes committed by means of computer systems may be committed as a result of the transmission of communications by computer systems.
Determining the source or destination of such communications can help identify the perpetrators. In order to determine the source or destination of such communications, traffic data retention is essential. These data are deleted automatically after a certain amount of time by system administrators, so that, unless there is an express order to preserve it, valuable information may be lost5.
The evidence-gathering procedure of preserving computer data involves keeping the already existing data, obtained through a computer system and stored on a particular medium, so as to avoid their alteration, degradation or deletion.
Thus, the preservation of computer data is an evidence-gathering procedure which ensures the unaltered maintenance of such data by providers of public electronic communications networks or providers of publicly available electronic communications in order to make them available for the judicial bodies6. A person's activity on the Internet is recorded from the time of computer startup until its disconnection. All activities carried out on the computer and the Internet remain recorded in the so-called "logs", which are genuine traces that the programs record with regard to their activity.
Activities taking place on the personal computer remain stored on it and may be viewed in detail by using software specialized in finding activity history, such as, for instance, USBDeview, which provides information on all devices that have been connected to that system in the course of time. The activities carried out on the Internet remain stored, recorded on the personal computer, in the memory of the routers, as well as in the memory of the computer systems that manage traffic on behalf of the communication service provider.
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The preservation of such data regarding a user's activities may be achieved by the prosecutor at the level of the communication service provider or of the website owner or the company hosting the database accessed. The following conditions must be fulfilled in order to have the measure of computer data retention imposed: The preservation measure may be extended, for well-grounded, justified reasons, by the prosecutor, only once, for a maximum period of 30 days. The ordinance must include, in addition to the general mentions, the following: The prosecutor's ordinance shall be transmitted at once to any provider of public electronic communications networks or provider of publicly available electronic communications that possesses or controls the computer data.
Within a maximum period of 90 days during which these data may be stored, to the extent that the computer data have been preserved, the prosecutor may request the judge for rights and freedoms prior authorization in view of requesting the transmission of such data.
The prosecutor also has the possibility to order the ending of computer data preservation. The judge for rights and freedoms will rule within 48 hours with regard to the request for data transmission submitted by the criminal prosecution bodies, through a reasoned ruling, in closed session. This procedure consists in opening the system and checking its information content, investigation, detection, identification and gathering of evidence stored in a computer system or data storage medium, achieved through appropriate technical means and procedures, so as to ensure the integrity of the information contained therein8.
The search is a procedural act intended for the finding and seizure of items containing or bearing traces of a crime, material evidence, records, either known or unknown to the judicial body which may serve to finding the truth9. Depending on its relation to the development of criminal proceedings, the search may be: As a common rule applying to the judicial search, Art.
As for the computer search, this is also considered as an evidence-gathering procedure consisting in the investigation of a computer system or a computer data storage medium, in order to detect and gather the evidence necessary to resolving the case collecting digital evidence - electronic information with evidentiary value stored or transmitted in digital format - regarding a criminal offence, the preservation through copying of computer data containing traces of the criminal offence, where there is a risk of loss or alteration thereof The computer search should be ordered only when there are reasonable grounds to suspect that the computer system or the computer data storage medium regarding which the performance of a search is requested contains evidence of the crime in relation to which the criminal prosecution was initiated and the measure is proportionate to the aim pursued The phrase "reasonable grounds" may be defined as the existence of data, information which might convince an objective and impartial observer that it is possible for a certain person to have committed a criminal offence.
Computer search cannot be ordered before initiating criminal prosecution. For the ordering of the computer search it is not required that the criminal prosecution body should have ordered in advance the continuation of criminal prosecution against the suspect or the initiation of criminal action Before conducting a computer search, three important aspects should be considered, as follows This could be a laboratory or even the place where the evidence was discovered; - the electronic media undergoing the search are as follows: There are cases where, as a result of the interconnection that exists between computer systems, the data stored in another computer system than the one subjected to the search may be accessed from the console of the computer system being searched.
In this case, the search may be extended, if authorized, to also include the computer system networked with the computer system being searched The following conditions must be fulfilled in order to impose the carrying out of a computer search: The power to order the computer search belongs to the judge for rights and freedoms of the court that had jurisdiction to hear the case at first instance or the court of the same level in the jurisdiction of which is located the prosecutor's office to which belongs the prosecutor conducting or supervising the criminal prosecution, according to Art.
The request for the approval of a computer search may be submitted by: It should be stressed out that it is only during the trial that the parties or the aggrieved person may ask the court to order a computer search. The prosecutor submits the request for the approval of a computer search together with the case file to the judge for rights and freedoms. The request shall be handled in closed session, without summoning the parties, the prosecutor's participation being mandatory. The legislator did not set a validity time period for the warrant, but did provide that the validity period of the warrant should be specified in the content of the ruling for the approval of the computer search The court ruling must include: The ruling by which the judge for rights and freedoms rules with regard to the request for the approval of the computer search is not subject to any means of appeal.
If the presence of a lawyer is requested, the beginning of the computer search is postponed until the lawyer's arrival, but for no more than two hours from the time at which this right was communicated. In exceptional cases, requiring the conduct of an emergency computer search, or if the lawyer cannot be contacted, the computer search may begin before the expiry of the two hour-period.
If the person cannot be brought on site, the computer search should be carried out in the presence of a representative or assisting witness.
The presence of an assisting witness is mandatory if nobody is present at the place of conducting the computer search The mediator has no power to decide on the contents of the agreement that the parties will reach, but can guide them to reach a common denominator. One of the specific elements that mediation brings is the creation of optimal conditions for mutually motivating the parties in reaching an entirely satisfactory and lasting agreement, following a common approach to identify the issues in conflict, to clarify them in open discussions held in a private, civilized setting, at the end of which the parties will discover on their own the concrete solution to their problem.
In a wider context, mediation can be seen as preventing conflicts or developing the mechanisms to address them after they occur. It seems important to emphasize, first, that mediation results in a win-win solution.
In mediation each party wins as the solution is accepted by all parties only if it is satisfactory to all parties. Also, one must emphasize the simplicity and clarity specific to the procedure of mediation. It is preferable for the involved persons to reach a consensus and not to have to accept a solution imposed by a judge, who may not know the depth of the issues to the same extent as the involved parties. Confidentiality is a major advantage; the mediator is bound to maintain the confidentiality of the discussions and he cannot be summoned as a witness on documents or facts disclosed during mediation.
On the other hand, the parties cannot either use as evidence in trial the information found out during mediation.
Saving time and material and financial resources is another advantage of mediation, due to the reduced duration of this procedure it may take from a few days up to a maximum of 3 monthsbut it also requires flexibility — the parties may agree with the mediator on the date, hour and even the location they wish mediation to take place.