Billing data as evidence in proceedings in cases of misdemeanor

Abstract

Cases concerning misdemeanours are common. These cases evoke curiosity among large parts of society, because people are often punished for minor violations of the law. The proceedings in cases of misdemeanours is rarely of interest to representatives of science. In one of the newspaper articles it was pointed out that, in a case involving a misdemeanour by traffic of road authorities of the Member State requested that billing data from the telecommunications entrepreneur. In view of the above, research has been carried out to establish whether at the stage of judicial, the authorities of the Member State shall have the right to require billing data, which are protected by telecommunications secrecy. Studies have been carried out with the use of research methods which are normal research methods, which are characteristic in legal sciences.