VERIFICAREA LEGALITĂŢII ADMINISTRĂRII PROBELOR ÎN CADRUL PROCEDURII DE CAMERĂ PRELIMINARĂ. ASPECTE CONTROVERSATE
VERIFICATION OF THE LEGALITY OF PROVIDING EVIDENCE IN THE PRELIMINARY CHAMBER PROCEDURE. CONTROVERSIAL ISSUES

Summary/Abstract: In the preliminary chamber procedure, the judge checks the jurisdiction of the Court, the regularity of the refferal, the legality of the administration of evidence and of prosecution acts. In brief, the paper begins with an introduction about the subject approached, respectively the verification of the legality of providing evidence, and then it presents the limits of this verification. There are also explored some of the controversies raised about this institution, namely: whether the evidentiary material that was administered between the time when the prosecutor ordered the initiation of criminal proceedings against the suspect and the time when the prosecutor informed him about the status of suspect is null or not; whether the rejection of the requests of evidence-taking during the criminal prosecution represents an illegality sanctionable in the preliminary chamber procedure; the mode of operation and the conditions of application of the exclusionary rule. Last but not least, there are presented and analysed aspects regarding „the fruit of the poisonous tree” doctrine. In addition, the paper includes legal cases from the practice of Romanian courts and European Court of Human Rights.

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