Procedural implications of the illegal administration of evidence during a criminal trial

Author:Bogdan-Florin Micu
Position:Associate Professor Ph.D., Faculty of Law, 'Nicolae Titulescu' University, Bucharest, Romania
Pages:107-115
SUMMARY

As the title suggests, the purpose of this study is to analyze the procedural implications of the illegal administration of evidence. The present paper begins with a short presentation of criminal trial probation, and continues with the analyses of the conditions with which a proof has to comply in order for it to be administered in the trial, as well as the analyses of the procedures of... (see full summary)

 
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Bogdan-Florin Micu
107
LESIJ NO. XIX, VOL. 1/2012
PROCEDURAL IMPLICATIONS OF THE ILLEGAL ADMINISTRATION
OF EVIDENCE DURING A CRIMINAL TRIAL
Bogdan-Florin MICU
Abstract
As the title suggests, the purpose of this study is to analyze the procedural implications of the
illegal administration of evidence. The present paper begins with a short presentation of criminal
trial probation, and continues with the analyses of the conditions with which a proof has to comply in
order for it to be administered in the trial, as well as the analyses of the procedures of administration
themselves. Another part of the study deals with the principles that should govern the administration
of evidence during the criminal trial, respectively the principle of legality and loyalty (regulated in
article 64 respectively 68 of the Criminal Procedure Code) as well as the European Court of Human
Rights regulations. In spite of the weak criminal framework that exists regarding the illegal
administration of evidence, the outcome of a trial can be radically changed based on how the
evidence is administered. Therefore, this study also focuses on the consequences of the illegal
administration of evidence in the criminal trial, which will be dealt with by analyzing which sanction
should be applied, if any exists. The study will not be based solely on the normative guidelines, but
also on the judicial practice contained in decisions, which exist in this criminal framework, given by
various courts in the country. Last, but not least, this study shall present the legal changes which will
occur once the new Criminal Procedure Code shall come into force.
Keywords: administration of evidence, criminal trial probation, legality and loyalty
principles, Criminal Procedure Code, criminal framework
Introduction
One cannot imagine a criminal trial without evidence. In doctrine it has been defined as being
the element with informative relevance over all aspects of the criminal cause.1 Articles 62 to 135 of
title III of the Criminal Procedure Code regulate the means of evidence. The outcome of a trial relies
on the legality of illegality of the evidence administered.
According to article 62 of the Criminal Procedure Code in order to find out the truth, the
criminal investigation body and the court must clarify the case under all its aspects, on the basis of
evidence.
Article 63 states that any fact that leads to the acknowledgement of the existence or non-
existence of an offence, to the identification of the person who committed it and to the discovery of
the circumstances necessary for the fair resolution of the case is considered evidence.
The value of the evidence is not established in advance. The criminal investigation body and
the court appreciate each piece of evidence according to their own convictions, formed after
examining all the evidence administrated, and using their own conscience as guide.

Associate Professor Ph.D., Faculty of Law, “Nicolae Titulescu” University, Bucharest, Romania (e–mail:
bogdan.micu@mnpartners.ro)
1 Dongoroz I, „Explicaii teoretice ale Codului de procedur penal român”, ed II, C.H. Beck, 2003,
Bucureşti,p. 168

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