The subject of this diploma paper is the problems related to the admissibility of the use of technical recordings as evidence in criminal proceedings. Specifically, the problem occurs when the technical recordings resulting from the registration of citizens as private individuals, without the specific order of the judge in the investigation, and, in particular, without the knowledge and consent of the photographed person. In this paper we dissociate the problem is related to the question of whether such a technical recording used as evidence in criminal proceedings or need footage excluded as illegal evidence and extracted from the records of the case. The legislator thus obtained the tape marks as unlawful evidence, as it violates the constitutionally guaranteed right to inviolability of personal and family life. While on the other hand, the resulting recordings by registering through a special verification procedures, surveillance and technical recording of telephone conversations and other communications at a distance, according to a person for which there are reasonable grounds to suspect of having committed or participated in along with the other a criminal act, and those that arise in public, such as footage of video surveillance in public places, are accepted as legal evidence in criminal proceedings. However, the decision on whether it will be and that technical recordings considered lawful or unlawful evidence, the legislator nevertheless leaves the judges to free the assessment and weighing between constitutional the principles of individual privacy and the effectiveness of criminal prosecution.