ANALIZĂ ASUPRA UNOR DECIZII ALE CURŢII CONSTITUŢIONALE ÎN MATERIA CAMEREI PRELIMINARE
ANALYSIS OF DECISIONS OF THE CONSTITUTIONAL COURT IN THE MATTER OF THE PRELIMINARY CHAMBER

Summary/Abstract: The paper focuses on the analysis of the recitals and consequences of the recent decisions of the Constitutional Court in the matter of the preliminary chamber – a novelty institution in the Criminal Procedure Code – in view of the possibility of taking evidence and physical removal of the evidence from the case file at this stage in the event of finding that the evidence was obtained illegally during the criminal prosecution. Conclusions that are delimited from those of constitutional court, as well as de lege ferenda proposals with the purpose of modifying, by way of legislation, the provisions considered to be in contradiction with the Romanian Constitution are highlighted.

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