Portabilitatea probelor în materie penală
Portability of evidence in criminal matters

Summary/Abstract: ‘Portability’ of evidence is a new term for criminal proceedings. In order to grasp its real meaning one should take a closer look at several disparate provisions of the criminal procedure code since it aims at creating a doctrine on this able to avoid the confusing effect it might lead to. The full portable nature is rather limited in criminal matters, when filtered through the lens of the principle of immediacy which binds the judicial bodies to ground their findings on their own senses and to set aside the secondary evidence. The analysis of legal scenarios in which the evidence can be transferred from one criminal case to another sheds no doubt on the exceptional nature of portability, which in essence has a purely inquisitorial regime.

• Details
• Contents