LESIJ NO. XXVI, VOL. 2/2019
THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING
THE PROSECUTION IN REM
Alin-Sorin NICOLESCU*
Luminia CRITIU-NINU**
Abstract
The jurisdiction developed on the edge of the implementation of the provisions of Code of
Criminal Procedure, relating to the verification of the legality of the referral to the court, the legality
of the management of evidences and documents of the prosecution, has proved the fact that in front of
the judges of preliminary chamber has come, not infrequently, the request of the exclusion of the
evidences governed during the criminal prosecution in rem, on the ground that these evidences have
been managed either in total or in the majority of them, at this stage absolutely secret of the criminal
prosecution, even though the offender of the deed was known and in this way, the future suspect or
charged, has been deprived of any realistic and concrete possibility to defend himself, to assist with the
help of a lawyer in the management of theses evidences and to combat them by appropriate procedural
means.
This raises the question which is the size of the evidences that reasonably can be taken during
the criminal proceedings in rem, thus the suspect/ defendant should not be harmed in his procedural
rights, in particular with regard to his right of defence.
To search for an answer to this matter, this is very present in the proceedings in front of the
judge of preliminary chamber, legal provisions must be primarily examined that implicitly separates
the criminal prosecution in rem from the moment of further performing of the prosecution towards a
certain person.
Keywords: Evidence, prosecution, in rem, procedural, suspect, defendant.
1. Introduction
The criminal process represents the
activity, through which the specialized
bodies of the state discover the criminal
offences, identify and catch the criminals,
gather and manage the samples, accomplish
the penal liability and apply the penalties.1
The judicial bodies carry out a
complex activity which exceeds the strict
limits of the resolution of criminal case
within the framework of the jurisdictional
* Asistent Lecturer, PhD Candidate, Faculty of Law, “Nicolae Titulescu” Uni versity, Bucharest, Judge at
Bucharest Court of Appeal (e-mail: nicolescuali nsorin@gmail.com).
** PhD Candidate, Faculty of Law, “Nicolae Titulescu” University, Bucharest, Vice-President at Bucharest Cou rt
of Appeal (e-mail: luminita.cristiu@just.ro).
1 Nicolae Volonciu, „Tratat de procedur pe nal Vol I”, Paideia Publishing House, 1993, p. 9.
detent, executing a series of legal procedures
in order to conduct the act of justice in good
conditions.
On the basis of succession of judicial
activities carried out by the competent
bodies for the sole purpose of making the
truth and pull the penal liability of persons
who committed crimes found the samples,
the nature of the evidence and processes of
evidence.
Underlying succession of judicial
activities carried out by the competent