Dreptul martorului de a nu se autoincrimina, în lumina Deciziei Curții Constituționale nr. 236/2020. Aplicarea directă a prevederilor Constituției în cadrul procesului penal
The right of the witness not to incriminate himself, in the light of the Constitutional Court Decision no. 236/2020. The direct application of the Constitutional provisions in criminal proceedings

Summary/Abstract: By Decision no. 236/2020 of the Constitutional Court, the plea of unconstitutionality raised in regard to Article 118 of the Criminal Procedure Code was accepted and it was found that the legislative solution, which does not provide witness’ the right to silence and non-incrimination, is unconstitutional. The Constitutional Court also ruled that until the adoption of the corresponding legislative solution, as a consequence of the decision to admit the plea of unconstitutionality, taking into account the provisions of Article 147 para. (4) of the Constitution, in order to ensure the right to silence and non-self incrimination oft he witness, the judicial bodies are to directly apply the provisions of Article 21 para. (3), Article 24 para. (1)and Article 23 para. (11) of the Constitution. This article examines the Court’s perspective as well as the legal consequences following the ruling of Decision no. 236/2020, balancing the principle of finding the truth with the guarantees associated with the right to a fair trial and the presumption of innocence in criminal proceedings.

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