IMPLICAȚIILE JURISPRUDENȚEI NAȚIONALE ASUPRA MIJLOACELOR DE PROBĂ ÎN PROCESUL PENAL
Implications of National Jurisprudence on Means of Proof in Criminal Trial

Author(s): Adrian Șandru
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: jurisprudence; criminal procedure; trial; means of proof; admissibility;
Summary/Abstract: Jurisprudence in Romania greatly affects the evolution of the legal system, although it is not a true source of criminal law. In the context of poor legislation, case law plays an important role in clarifying and interpreting certain legal rules. The administration of evidence in the criminal proceedings has been reformed through the Criminal Procedure Code, with new rules creating difficulties for interpretation and enforcement for legal practitioners. Analyzing the jurisprudence of the Constitutional Court regarding the administration of evidence, one can observe a legislative evolution, due to the intervention of the constitutional court. However, the legislator has a duty to lay down certain rules in line with the fundamental principles of law and European rules on fundamental human rights, which are easy to understand and apply.

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