Aspects of constitutionality regarding the regime of evidence in criminal trials Cover Image

Aspecte de constituţionalitate privind regimul probelor în procesul penal
Aspects of constitutionality regarding the regime of evidence in criminal trials

Author(s): Silviu-Gabriel Barbu, Vasile Coman
Subject(s): Constitutional Law, Criminal Law, Human Rights and Humanitarian Law, Court case
Published by: Institutul Român pentru Drepturile Omului
Keywords: evidence in criminal proceedings; Constitutional Court; review of the Constitution; due process;

Summary/Abstract: The work deals with one of the amendments contained in the draft law of 2014 on the revision of the Constitution, regarding the permission to use unlawfully obtained evidence in criminal proceedings, if they are in favor of the accused, by completing in this sense Art. 23 of the Constitution with a new paragraph, Para. (131). The Constitutional Court, by Decision no. 80 of 16 February 2014 declared this completion unconstitutional by the reference on the use of evidence gathered unlawfully, because it infringes the limits provided by article review. 152 Para. (2) of the Constitution.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 33-44
  • Page Count: 12
  • Language: Romanian