"The Concept" of Bank Secrecy in Criminal Proceedings. Obtaining Video Recordings from Credit Institutions During the Criminal Investigation Phase
The article titled “The ‘Image’ of Bank Secrecy in Criminal Proceedings: Obtaining Video Recordings from Credit Institutions During the Criminal Investigation Phase,” written by Vicențiu-Răzvan Gherghe, Ph.D. candidate, was published in A.U.B.D. – Legal Forum No. 2/2026.
This article aims to analyze the procedure by which video recordings held by credit institutions can be obtained during a criminal investigation, given that certain facts, data, or information contained therein fall within the scope of “bank secrecy.”
In order to ensure a balance between the interference with the right to privacy of the person benefiting from the protection of “bank secrecy”—who is the subject of the video recordings—and the purpose of the proper conduct of criminal proceedings, this study aims to outline the proper procedural conduct of judicial authorities during the criminal investigation by selecting the appropriate procedural tools for the lawful collection of such evidence in criminal proceedings
