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

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”.