Procedura administrativă privind eliminarea din dosar a mijloacelor de probă excluse în procedura de cameră preliminară. Decizia Curții Constituționale nr. 22/18 ianuarie 2018
Administrative procedure regarding the removal from the file of the evidence excluded in the preliminary chamber procedure. Decision of the Constitutional Court no. January 22/201

Summary/Abstract: By the Decision of the Constitutional Court no. 22/2018, „it was found that the provisions of art.102 par. (3) of the Criminal Procedure Code are constitutional insofar as the phrase “exclusion of evidence”, from their content, also means the elimination of the means of proof from the case file”. In the absence of the intervention of the legislator in order to reconcile the provisions of the Criminal Procedure Code with the solution of the constitutional review court, in the procedural phase of the preliminary chamber, the decision will be applied directly, based on its binding nature. This aspect ensures a partial solution - the legal exclusion of illegal evidence, and, in order to fulfill the ways in which the physical and material exclusion is carried out, on July 16, 2018, it was issued the address no. 6864/2018 of the President of the Superior Council of Magistracy, regarding the establishment of a unitary administrative practice of the courts to ensure compliance with the decision taken by the constitutional court.

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