Emergența principiului liceității probatorii în procesul penal
The emergence of evidentiary licitness principle in the criminal process

Summary/Abstract: The purpose of this short essay is to engage a potential reconceptualization in terms of compliance standards designated for evidence and proof matters in the criminal process, switching the emphasis from the traditional conformity to the criminal procedure statutory law towards the rule of law. We do consider that such challenge may be achieved by the emergence of a newly crafted principle of law, peculiar to the theory of evidence and proof, namely ‘evidentiary licitness’, which acts as a true catalyst for more coherence in terms of exclusionary rules and further sanctioning mechanisms that may apply in the pre-trial and trial stages. Furthermore, we defend that the conceptual roots that may crystallize the notion of evidentiary licitness are emphasized by constitutionalism and lawfulness relationship. Within such an ambit, we hopefully consider that a reshaped theory of evidence and proof may underpin the recovery of the transcendental rule of law highlights in the day-to-day criminal law enforcement authorities’ legal practice.

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