Eliminarea mijloacelor de probă din dosarul cauzei, în contextul pronunțării Deciziei Curții Constituționale a României nr. 22/2018
Removal of evidence from the case file in the context of the Decision no. 22/2018 ruled by the Constitutional Court of Romania

Summary/Abstract: As regards the procedure for removing references in the indictment to excluded evidence, the solutions adopted by judicial practice and literature vary, with intermediate variants, between removing all references (direct or indirect) and retaining them, but without introducing them into the process of assessing the evidence. In other words, this alternation lies between the absolute implementation of the right of defence and the efficient (and in some cases effective) implementation of the functions of prosecution and verification of the legality of the committal for trial.

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