Exercitarea dreptului constituțional la apărare prin mecanismul excluderii probelor în cadrul procesului penal [Articol]

Abstract

This paper explores the right to defense as a fundamental constitutional safeguard in criminal proceedings, with a particular focus on the admissibility of unlawfully obtained evidence and the procedural guarantees required for a fair trial. The main objective is to assess whether such excluded evidence can – or should – be used when it favors the defendant, especially in proving innocence or reducing culpability. The research adopts a comparative legal approach, analyzing relevant legislation and case law from different jurisdictions. The findings show that while some legal systems categorically reject the use of unlawfully obtained evidence, others permit it if it benefits the defense. Based on this analysis, the paper argues that legal frameworks should allow courts to admit such evidence when it is crucial to ensuring a fair trial. The study also emphasizes the defendant’s right to access the case file as a key component of the adversarial system and the principle of equality of arms. Ensuring adequate time and resources for preparing the defense –including full access to relevant evidence – is identified as a cornerstone of procedural fairness in criminal justice.