The inadmissibility of evidence obtained by the violating fundamental rights and freedoms
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 45, Issue 2
Abstract
Procedural acts an evidentiary procedures constitutes live tools due to which all participants in a trial are able to exercise their rights, to express effectively their interests, while the prosecutor and criminal investigation body establish the fact of the matter researching in all aspects, completely and objectively all the case facts. In order to ensure a right to a fair trial, in the criminal procedural legal framework is settled how the parties may ask or may participate on performing certain procedural actions, but in the same time the procedural sanctions in case of infringement of legal provisions. Such penalties are imposed particularly in relation with the data obtained under the obscure conditions, a context in which in criminal procedure these would not be admitted as evidence, and therefore will be excluded from the case file, would not be presented in court and would not be put on the basis of a decision or other judgements. Taking into consideration the significance and the nature of the regulation set out in art. 94, paragraph 1 of the CPC of the R. Moldova, as well its wider context, in this study were supposed to research the first two-circumstances – sanctions.
Authors and Affiliations
Tatiana Vizdoagă, Adriana Eșanu
Keywords
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