Audierea martorilor. Unele considerații în lumina Deciziei nr. 562/2017 a Curții Constituționale a României
The witnesses hearing. Some considerations in the light of the Decision no. 562/2017 of the Constitutional Court of Romania

Summary/Abstract: The Constitutional Court of Romania has, by its Decision no. 562/2017, that the legislative solution contained in art. 117 par. (1) lett. a) and lett. b) of the Criminal Procedure Code, which excludes from the right to refuse to be heard as a witness the persons who have established similar relations with those spouses, if they live or live no longer with the suspect or defendant is unconstitutional. Therefore, art. 117 par. (1) of the Criminal Procedure Code should include, among persons exempt from the obligation to make a statement, not only those who have established similar relations to those spouses with the suspect or defendant but all the persons listed in art. 177 of the Criminal Code and not found in art. 117 of the Criminal Procedure Code, including the children of the siblings, the persons born by the adoption of relatives [within the meaning of art. 177 par. (1) lett. a) of the Criminal Code], as well as persons who have established similar relations with those of the parents and children, if they live together. The current legal provisions on hearing witnesses do not provide for the witness's right to refuse to use his or her declaration against any family member (under art. 177 of the Criminal Code) if the latter subsequently acquires the status of suspect or defendant in the case or another criminal case.

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