Efectele Deciziei nr. 51/2016 a Curții Constituționale a României
The effects of Decision no. 51/2016 of the Constitutional Court of Romania

Summary/Abstract: Both the doctrine and the jurisprudence have ruled in opposite directions, separate or nuanced regarding the issue of the nullity of the evidence obtained under the conditions of art. 142 para. (1) of the Code of Criminal Procedure “by other specialized state bodies”, from the perspective of Decision no. 51/2016 of the Constitutional Court of Romania. However, the judicial practice was aimed, for the most part, at establishing the nullity (and all the specific legal consequences) of the evidence obtained under the conditions of art. 142 para. (1) of the Code of Criminal Procedure “by other specialized state bodies”, as an effect of the adoption of Decision no. 51/2016 of the Constitutional Court of Romania, as well as of the subsequent decisions of the Constitutional Court of Romania, which interfere with it (no. 302/2017, no. 22/2018, no. 26/2019).

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