Excluderea probelor
- sancțiune unică sau
subsumată nulității
Exclusion of evidence - sole
sanction or nullity
subsumed
Author(s): Liliana NOVACSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: legality; criminal trial; court; legislature; evidence; judicial proceedings; fair proceedings; the principle of loyalty; judge
Summary/Abstract: Realization of the principleof loyalty enshrined in Article 101 CPC,involves fairly judging a person, done inpublic, within a reasonable term, by anindependent and impartial tribunalestablished by law in the determination ofany criminal charges brought thereto onthe correctly produced evidence. Thus, byprovisions of the new Criminal ProcedureCode, the legislature expressly providedboth the penalty of exclusion of evidence,but it had also explicitly made a specificprocedure for their invalidation andadditional procedural solutions underconditions where there are doubts abouthow the judicial body obtained suchevidence.
Journal: Acta Universitatis George Bacovia. Juridica
- Issue Year: V/2016
- Issue No: 2
- Page Range: 411-425
- Page Count: 15
- Language: English, Romanian
