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
Related Articles
- EP ID EP406225
- DOI -
- Views 99
- Downloads 0
The Contraventional Code: problems and solutions
According to the Contraventional Code, at present, theory and practice in the respective field face with multiple controversial problems and juridical solutions that reflect on the scientific nature of the normative act...
Human aggression as a factor of violence acts
It is discussed the issue of human aggression as an initiating factor of violence within society. Aggression is a biologic phenomenon with social consequences; characterized by a bio-effective mood and reacts to certain...
Threats to repair injury caused by judicial errors and criminal damage
The grounds for the occurrence of punitive damages are related to the illicit actions of the persons with responsibilities in the courts and the criminal prosecution bodies. In order to provide protection against such un...
The assignments of Constitutional Court of Republic of Moldova in matters of control of executive power acts
This study is dedicated to an analysis of the assignments of the Constitutional Court on issued documents by executive authorities. A central place in this study is dedicated to the Government as main component and respo...
Normative consecration of international individual criminal liability in international law
The horrors of the two world wars, reproved by the entire international society as inevitable consequence had the establishment of the mechanism of international liability of individuals who have committed war crimes. Th...