A PRACTICAL EXAMINATION OF THE USE OF EVIDENCE BEFORE MAGISTRATES OF THE PRELIMINARY CHAMBER

Lucian Chiriac

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2018, vol. 74, 80-87

Abstract: The Romanian Constitutional Court ruled through two decisions, nr.641 of 11 November 2014 and nr.802 of 5 December 2017, accepting the hypothesis in which any means of evidence is acceptable during the phase of the preliminary chamber hearing, and, we would add, not only to verify the legality of administrating evidence during the criminal indictment. It is our opinion that the preliminary chamber must constitute a bastion of verifying the necessary evidence for establishing the truth in a trial.

Keywords: preliminary chamber; preliminary judgment; preliminary hearing; evidence; proof; discovery; Constitutional Court; legality (search for similar items in EconPapers)
JEL-codes: K4 (search for similar items in EconPapers)
Date: 2018
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