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A Practical Examination Of The Use Of Evidence Before Magistrates Of The Preliminary Chamber

Author

Listed:
  • Lucian CHIRIAC

    (Professor PhD, University of Medicine, Pharmacy, Sciences and Technology Tirgu Mures, ROMANIA)

Abstract

The Romanian Constitutional Court ruled through two decisions, nr.641 of 11 November 2014 and nr.802 of 5 December 2017, accepting the hypothesis in which any means of evidence is acceptable during the phase of the preliminary chamber hearing, and, we would add, not only to verify the legality of administrating evidence during the criminal indictment. It is our opinion that the preliminary chamber must constitute a bastion of verifying the necessary evidence for establishing the truth in a trial.

Suggested Citation

  • Lucian CHIRIAC, 2018. "A Practical Examination Of The Use Of Evidence Before Magistrates Of The Preliminary Chamber," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 74, pages 80-87, September.
    • Handle: RePEc:pmu:cjurid:v:74:y:2018:p:80-87
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj18/recjurid183_9F.pdf
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    More about this item

    Keywords

    preliminary chamber; preliminary judgment; preliminary hearing; evidence; proof; discovery; Constitutional Court; legality;
    All these keywords.

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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