THE EXCLUSION OF EVIDENCE IN CRIMINAL PROCEEDINGS – A COMPARATIVE APPROACH
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
The present paper examines the exclusion of evidence within the criminal proceedings, as regulated in the Romanian legislation as well as in other legal systems, pertaining both to the common law and to the civil law major legal traditions. The focus shall be placed upon the configuration of this procedural institution in the two aforementioned categories of legislation, namely of the exclusionary rule specific to the former and the exclusion of evidence by means of the nullity sanction, which is likely to be encountered in the latter, while also revealing the elements of approximation between them, as presented especially in the national legal paradigm, including in the relevant case-law. Further consideration shall be given to the European standards having a bearing on the matters in question, provided both by the European Convention of Human Rights and the case-law of the European Court of Human Rights, and the European Union, with regard to the need to achieve a common set of principles in the application of the exclusionary mechanism.
Authors and Affiliations
Mihai MAREȘ
Keywords
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