The inadmissibility of the evidence obtained by breach of the negative obligations of the state derived from article 8 of the ECHR
Journal Title: Revista Institutului Național al Justiției - Year 2019, Vol 48, Issue 1
Abstract
Recognizing the respect for private life as one of the fundamental principles governing the conduct of criminal proceedings, the ECHR states that restricting the exercise of this right is only permitted under the law and whether it is necessary in a democratic society. This study aims to identify the state's negative obligations under the article 8 of the ECHR, the ECtHR case-law and the analysis of the extent to which the breach of these obligations influences the admissibility of the evidence administered in the criminal proceedings. The applicative value of the study consists in the fact that the results and conclusions made can be used in practice by criminal prosecution officers, prosecutors, judges and other participants in the criminal trial whenever the question of the admissibility of the evidence obtained in the criminal trial by breach of the state's negative obligations derived from article 8 ECHR will be raised.
Authors and Affiliations
Tatiana Vizdoagă, Nicolae Oboroceanu
Keywords
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