Excluderea probelor nelegale, rezultate din încălcarea dreptului la tăcere şi la neautoincriminare, în procedura de cameră preliminară, în lumina Deciziei nr. 641/2014, a Curţii Constituţionale
Exclusion of unlawful evidence from infringement to silence and to non-incrimination in the procedure of preliminary ruling in the light of Decision No. 641/2014, of the Constitutional Court

Summary/Abstract: The present Study aims to analyze some of the problems raised in the process of applying the sanction of exclusion of illegally obtained evidence in the criminal process, with regards to the fundamental procedural guarantees of the right to silence and the privilege against self incrimination, from the perspective of the new regulation of the Romanian Code of Criminal Procedure and taking into account the decision no. 641/2014 of the Constitutional Court. The focus will be primarily on the new criminal procedure institution of the Preliminary Chamber, which provides the legal framework within which are analyzed, in terms of legality, the evidence gathered in the criminal investigation stage. We will examine the criticizing arguments advanced by the Constitutional Court, concerning the problems generated by the new criminal procedure law, mainly that of the lack of a serious possibility of challenging the legality of the criminal evidence previously gathered, with consequences for the overall fairness of the proceedings, and we will try to identify the best judicial practices, in order to comply with the decision of the Court, in the context of the lack of intervention from the legislator, to amend the reference legal framework.

• Details
• Contents