Exclusion of evidence obtained through electronic surveillance measures in criminal proceedings

  • Clement Mihai Resmeriță National Anticorruption Directorate - the Central Structure
DOI: https://doi.org/10.24193/CDP.2020.2.5
Keywords: exclusion, evidence, electronic surveillance, nullity

Abstract

This article aims to examine the institution of the exclusion of evidence in criminal proceedings and how it has been applied in judicial practice to evidence obtained through electronic surveillance.

The author makes an analysis of the legal provisions regarding the rule of exclusion of evidence in general, as well as the regulation of technical supervision in the Code of Criminal Procedure. At the same time, the recent decisions of the Constitutional Court (no. 302/2017; no. 51/2016; no. 91/2018; no. 802/2018; no. 26/2019; no. 55/2020) that influenced the regime of exclusion of evidence in criminal proceedings are examined - the effects of these decisions and how they were reflected in practice.

Also, the author does not hesitate and expresses his point of view regarding the regulation in the field of exclusion of illegally administered evidence, as well as regarding the solutions from the judicial practice.

Published
2020-11-02
Issue
No 2 (2020): Criminal Law Writings
Section
Doctrine