Criminal Law Review Biannual judicial doctrine and case-law publication published by Romanian Association of Penal Sciences and Universul Juridic Publishing House ISSN 2248–0528
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Evidence, means of evidence and rules of evidence. Preventive measures and other procedural measures. Joint adjective and procedural acts

Nicolae Volonciu

Petre Buneci

Abstract

 

In order to establish the truth in a criminal case, the judicial bodies are ,based on evidence, to clarify the case in every aspect. Evidence have no predetermined value and means of evidence that may serve as evidence must not be prohibited by law.


Provisions relating to evidence and means of evidence in the new Code of Criminal Procedure are aimed at the prompt resolution of criminal proceedings and the judicial process efficiency. In this context, the new regulation waives the restrictive enumeration of means of evidence, thus enabling the administration of any means of evidence needed for finding out the truth. As for the preventive measures, the new Code of Criminal Procedure applies the principle of proportionality of any measure depending on the seriousness of the person’s indictment, and only if that measure is necessary to achieve the purpose of criminal proceedings.


Preventive custody has kept both his exceptional character and the subsidiarity unlike other preventive measures; it is enforced only when other measures are not sufficient and the purpose of ensuring the proper conduct of criminal proceedings cannot be achieved otherwise.

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