Persoanele care au dreptul de a refuza să dea declarații în calitate de martor – considerații în lumina Deciziei nr. 175/2022 a Curții Constituționale a României
Persons who have the right to refuse to give statements as a witness - observations according to the Decision no. 175/2022 of the Constitutional Court of Romania

Summary/Abstract: The purpose of this article is to address the issues regarding persons who have the right to refuse to give statements as witnesses in criminal matters, in order to properly apply the provisions of art. 117 para. (1) lit. a) from the Criminal Procedure Code, interpreted in light of the provisions of Decision no. 175/2022 of the Constitutional Court of Romania, published in Official Gazette no. 450 of 05.05.2022, which ruled that the legislative solution that excludes from the right to refuse to be heard as a witness the people who have established relationships similar to those between parents and children, in the hypothesis that they live with the suspect or the defendant, is unconstitutional. We also highlight brief references regarding the jurisprudence of the European Court of Human Rights in the matter

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