15.12.2025

STOICA & ASOCIAȚII wins a complex case concerning the limits of requests from criminal investigation authorities

The team of lawyers at STOICA & ASOCIAȚII, consisting of  Victor Dobozi (Senior Partner), Mihai Trandafir (Managing Associate) and Ana Marițiu (Junior Lawyer), under the coordination of Valeriu Stoica (Founding Partner), recently obtained a new favorable ruling in a case in which their client, a natural person, was accused of committing a crime against the administration of justice. 

The criminal case originated from a request made by the criminal investigation authorities to our client, who was employed at the time by a well-known mobile phone operator. He was asked to provide the content of communications belonging to a subscriber, without the judicial authority having the prior authorization of a judge, which is an essential requirement in such situations. 

As this request was not complied with, criminal proceedings were initiated and subsequently an indictment was issued, with the court being notified of the commission of a crime against justice. The STOICA & ASOCIAȚII team developed a comprehensive defense strategy, formulating procedural and substantive defenses during the trial phase, both in the first instance and on appeal. 

Essentially, the illegality of the request made by the criminal investigation authorities was successfully invoked, showing that, in order to hand over the content of communications made by a person, it is necessary for the criminal investigation authorities to act with the prior authorization of a judge, as the criminal investigation authorities cannot request their disclosure under Article 170 of the Criminal Procedure Code. 

The Brașov Court of Appeal upheld the arguments of STOICA & ASOCIAȚII's lawyers and ordered the acquittal of the client, pursuant to Article 16(1)(b) of the Criminal Procedure Code. The decision represents a further confirmation of the importance of respecting the legal guarantees regarding access to the content of communications. 

"With this decision, the court of appeal reaffirmed the importance of respecting legal guarantees regarding access to the content of communications, with the court's decision emphasizing the essential role of the defense in protecting fundamental rights and maintaining the necessary balance between the interests of the criminal investigation and individual freedoms," said Mihai Trandafir, Managing Associate.