The present paper tries to analyze the controversy of the admissibility of theinterceptions and audio-video registrations in the phase of the precursory documentscannot be admitted. The fact that interceptions and registrations can be disposed evenbefore starting the criminal prosecution, respectively before starting the criminal processor even before committing an offence is to bring severe prejudices to the right of a fairprocess and the right to a private life in the way in which these are stipulated in theConstitution and in the European Convention of the Human rights