RESPECTAREA DREPTURILOR OMULUI ÎN PROCESUL PENAL. CONSIDERAȚII PRIVIND EXPERTIZA JUDICIARĂ ÎN MATERIE PENALĂ ÎN LUMINA EXIGENȚELOR CEDO
RESPECT OF HUMAN RIGHTS IN THE CRIMINAL PROCESS. CONSIDERATIONS ON JUDICIAL EXPERTISE IN CRIMINAL MATTER IN THE LIGHT OF EXEMPTIONS OF THE ECHR

Summary/Abstract: Expertise represents a particularly important probative process in criminal law. The judiciary is obliged, when it deems it necessary, to appeal to experts to clarify certain aspects of the case in order to observe both the principle of the truth and the principle of the right to a fair process. The Code of Criminal Procedure, which came into force in 2014, complies, in principle, with the ECHR's requirements regarding the administration of evidence with expertise, however, by adopting O.U.G. 18/2016 have been introduced in the above-mentioned normative act provisions that flagrantly violate the principles enshrined in the European Convention on Human Rights.This paper aims to address the existing provisions in the Code of Procedure and to show to what extent these provisions respect the requirements of the European Convention on Human Rights.

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