The Question of Excluding Evidence Obtained in Criminal Proceedings as a Result of Enforcing National Security Warrants by the Romanian Intelligence Service (SRI)
The Question of Excluding Evidence Obtained in Criminal Proceedings as a Result of Enforcing National Security Warrants by the Romanian Intelligence Service (SRI)
Author(s): Constantin Ioan GligaSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: national security warrants; absolute nullity; exclusion of evidence; SRI;
Summary/Abstract: Starting with 2016, the Constitutional Court of Romania issued a series of decisions whereby it repeatedly established that the interference of intelligence services in a criminal prosecution is not allowed, so that the evidence obtained with the help of these structures cannot be used in criminal proceedings, being affected by absolute nullity. This article summarizes the most relevant decisions of the constitutional court in this matter, as well as the recent practice of the High Court of Cassation and Justice, which we hope will signal other courts to ensure unitary jurisprudence at the national level.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 14/2021
- Issue No: 1
- Page Range: 167-174
- Page Count: 8
- Language: English