Administration of evidence in the situation of case disjunction Cover Image

Administrarea probelor în cazul disjungerii unei cauze
Administration of evidence in the situation of case disjunction

Author(s): Oancea Dorinel
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic

Summary/Abstract: The accused/defendants in the disjoining case are also accused/defendants in the disjoined case as well. The criminal action against them is exerted separately, in each case, depending on the crimes held in their charge. The cases of indivisibility and connectivity stipulated under art.33 letter a) and art.34 letters a)–d) from the Criminal Procedure Code presuppose a sufficiently close connection between crimes, so that it is not possible that one of the criminals does not have any connection with certain crimes; therefore, its employment as a witness in the disjoined case could incriminate him/her in the disjoining case, be it to a small extent, any statement given in the disjoined case having criminal relevance over his/her own guilt.

  • Issue Year: 2009
  • Issue No: 4
  • Page Range: 11-24
  • Page Count: 14
  • Language: Romanian
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