ТРАФИЧНИТЕ ДАННИ В ПРАКТИКАТА НА СЪДИЛИЩАТА ПО НАКАЗАТЕЛНИ ДЕЛА
Аделина Хаджийска
TRAFFIC DATA IN CRIMINAL COURT PRACTICE
Adelina Hadzhiyska
Аделина Хаджийска
Главен асистент д-р по наказателнопроцесуално право при Юридически факултет на УНСС и ВСУ
Chief assistant doctor of criminal procedural law at the Faculty of Law of the UNSS and VFU.
traffic data, evidence, evidence, criminal proceedings, court authorization
Abstract: This article examines the issue of the collection of traffic data in criminal cases in the evidentiary process. It follows the procedure under Art. 159a of the Criminal Code, including the competent authorities, authorized to collect the relevant communication data in the course of initiated criminal proceedings. The accumulated judicial practice and some difficulties in the implementation of the mentioned text of the Code of Criminal Procedure were traced. The decision of the Court of the European Union, issued on November 17, 2022 in case C-350/21, was discussed. In conclusion, the legal nature of the “printouts of telephone calls” and the “traffic data” established through them, from the point of view of evidentiary criminal procedural law, has been clarified.
