Metodologia de apreciere a probelor obținute ilegal în procedura penală: standardele regionale și problemele de drept național [Articol]

Abstract

In analyzing evidence obtained illegally it is essential to address both regional standards and specific aspects of national law. The correct assessment of these aspects is crucial for ensuring fair justice and respect for fundamental rights. In order to assist the adoption of decisions by judges and prosecutors in the matter of illegally obtained evidence, at the end of the article we propose some methods developed on the basis of comparative research, which are based on the regional jurisprudence of some member states of the European Union. These methods incorporate different rationales for excluding illegally obtained evidence and allow us to assess the impact of the violation of legal norms on the collection of evidence.