Admisibilitatea rezultatelor activității speciale de investigație din perspectiva subiecților împuterniciți legal cu desfășurarea acesteia [Articol]

Abstract

The admissibility of the evidence in the criminal process is determined by the unconditional compliance, by the official subjects, of the conditions of form and content prescribed by law in the process of their administration. In a criminal proceeding, the rules of evidence consist of invoking, submitting, admitting and managing evidence in order to determine the circumstances important for the case. As a result of the adoption of Article 1321 paragraph (1) of the Code of Criminal Procedure and, respectively, of the introduction of Section 5 in Chapter III of the law the criminal process, the Special investigative activity was equaled to the criminal investigation activity. Consequently, the conditions of form and content of the evidence being opposable to the results of the Special investigative measures.In this article the author emphasizes the mandatory procedural conditions which are applicable to the evidences gathered by special investigative measures, during the criminal investigation.