THE CONTENT OF THE REPORT DRAWN UP ON THE FLAGRANT CRIME AND THE PRIVILEGE AGAINST SELF-INCRIMINATION
THE CONTENT OF THE REPORT DRAWN UP ON THE FLAGRANT CRIME AND THE PRIVILEGE AGAINST SELF-INCRIMINATION
Author(s): Ioana Ruxandra MălăescuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: report of the flagrant offense; privilege against self-incrimination; right to silence; right to a fair trial;
Summary/Abstract: The new Criminal Procedure Code no longer provides a special procedure for solving the case in the situation of discovering a flagrant crime, just the obligation to draw up a report. Both the doctrine and the judicial practice raised the issue of the legal nature and, implicitly, of the probative value, of the report as it contains a multitude of information that could be useful for solving the case. However, the use of the incriminating explanations of the alleged perpetrator as evidence against them may create the premises for the violation of the right to remain silent and not to incriminate oneself.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XV/2021
- Issue No: XV
- Page Range: 89-94
- Page Count: 6
- Language: English