Management of material evidence during the criminal investigation Cover Image

Gestiunea mijloacelor materiale de probă în cursul urmăririi penale
Management of material evidence during the criminal investigation

Author(s): Aurelian Constantin Mihăilă
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: Directive 2016/343/EU; European Court of Human Rights; presumption of innocence; scope; suspected or accused persons;

Summary/Abstract: For the regulation of the criminal process, there are many circumstances in which the judicial bodies have to manage various assets (movable, immovable), and sometimes also certain types of substances. It can be the hypothesis of material means of evidence or it can be the case of goods that are the subject of insurance seizure without necessarily also having the quality of means of evidence. During the criminal investigation phase, some of them are subject to administrative management by the prosecution unit responsible for the file in connection with which they were seized or made unavailable. The management rules cover two principles: the first refers to the fact that, during the course of the criminal investigation, these assets are kept at the headquarters of the police or prosecutor's office, and the second refers to the fact that after the completion of the file, they are either presented to the court (with a corresponding proposal, as the case may be), or they are returned to the person entitled to receive them, or they are submitted to other specialized bodies for their subsequent management.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 80-89
  • Page Count: 10
  • Language: Romanian