Open AccessTHE QUESTION OF EXCLUDING EVIDENCE OBTAINED IN CRIMINAL PROCEEDINGS AS A RESULT OF ENFORCING NATIONAL SECURITY WARRANTS BY THE ROMANIAN INTELLIGENCE SERVICE (SRI)
Author(s) -
Constantin Ioan Gliga
Publication year - 2021
Publication title -
bulletin of the "transilvania" university of braşov. series vii, social sciences and law
Language(s) - English
Resource type - Journals
eISSN - 2066-771X
pISSN - 2066-7701
DOI - 10.31926/but.ssl.2021.14.63.1.17
Subject(s) - romanian , unitary state , law , political science , jurisprudence , constitutional court , national security , criminal court , economic justice , service (business) , international law , business , constitution , philosophy , linguistics , marketing
Starting with 2016, the Constitutional Court of Romania issued a series of decisions whereby it repeatedly established that the interference of intelligence services in a criminal prosecution is not allowed, so that the evidence obtained with the help of these structures cannot be used in criminal proceedings, being affected by absolute nullity. This article summarizes the most relevant decisions of the constitutional court in this matter, as well as the recent practice of the High Court of Cassation and Justice, which we hope will signal other courts to ensure unitary jurisprudence at the national level.