The Size and the Importance of the Evidence Governed During the Prosecution in Rem

• Author: Alin-Sorin Nicolescu - Luminita Cristiu-Ninu
• Position: Asistent Lecturer, PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University, Bucharest, Judge at Bucharest Court of Appeal (e-mail: nicolescualinsorin@gmail.com). - PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University, Bucharest, Vice-President at Bucharest Court of Appeal (e-mail: luminita.cristiu@just.ro).
• Pages: 113-120

LESIJ NO. XXVI, VOL. 2/2019

THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING

THE PROSECUTION IN REM

Alin-Sorin NICOLESCU*

Luminia CRITIU-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