Reflection of the principle of loyalty in matters regarding the adduction of evidence in the romanian criminal proceedings

Author:Bogdan Micu
Position:Associate professor PhD, Faculty of Law, ?Nicolae Titulescu' University of Bucharest (e-mail: Bogdan.Micu@mnpartners.ro).
Pages:167-174
SUMMARY

This study aims the matter in which the Principle of Loyalty regarding adduction of evidence is reflected in the new criminal procedural legislation of Romania. It is a regulation addressing explicitly this principle for the first time, without this meaning that it had no representation in the practice of domestic courts under the previous criminal legislation. The author points out that the new... (see full summary)

 
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LESIJ NO. XXII, VOL. 1/2015
REFLECTION OF THE PRINCIPLE OF LOYALTY IN
MATTERS REGARDING THE ADDUCTION OF
EVIDENCE IN THE ROMANIAN CRIMINAL
PROCEEDINGS
Bogdan MICU
Abstract
This study aims the matter in which the Principle o f Loyalty regarding adduction of evidence is
reflected in the new criminal procedural legislation of Romania. It is a regulation addressing explicitly
this principle for the first time, without this meaning that it had no representation in the practice of
domestic courts under the previous criminal legislation. The author points out that the new regulations
aim at internalizing the standard of protection established by the European Court of Human Rights
concerning the right to a fair trial.
Keywords: Principle of Loyalty, adduction of evidence, criminal proceedings, exclusion of
evidence obtained illegally.
Introduction
A new Code of Criminal Procedure
came into force in Romania on 1 February
2014 containing modern elements and
innovations, conferring added value to this
legal act. Although the new Code of
Criminal Procedure failed to always pass the
constitutionality review, alrea dy existing a
number of important decisions of
unconstitutionality given on some item
thereof, it also has the merit of trying to
modernize the Romanian criminal trial by
aligning, at least at the level of intent, with
the European standards in the protection of
fundamental human rights.
These factors also include the express
declaration, with this nomen iuris of the
Principle of Loyalty of proceedings in the
adduction of evidence.
Associate professor PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail:
Bogdan.Micu@mnpartners.ro).
The Principle of Loyalty in the new
rules of criminal procedure
The text including the regulation of the
Principle is the one stated in Art. 101 of the
Code of Criminal Proce dure, entitled
“Principle of Loyalty in the adduction of
evidence”. According to the first paragraph
of the article, “it is forbidden to use violence,
threats or other forms of coer cion,
inducements and promises in order to obtain
evidence”.
As explained i n the exp lanatory
memorandum of the new Code of Criminal
Procedure, the establish of the Principle of
Loyalty was made “in order to avoid the use
of any means that could be aimed at
administering of evidence in bad faith, or
which could have as effect the commission
of an offense in order to protect huma n
dignity, and its right to a fair trial and
privacy”.

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