Autor: Gabriel NAGHI

Publicat în: Revista de Științe Juridice Supliment 2015

Disponibil online: aici.

The new provisions of the Criminal Procedure Code regarding the hearing persons’, search and expertise

Abstract: The necessity of a unitary jurisprudence, in line with the jurisprudence of ECtHR, as well as the multitude of amendments of the old Criminal Procedure Code which had determined divergent interpretations and rules for application and the actual suffocation of the prosecution and judiciary, represent the main reasons that lay at the basis of the decision to modernise the Criminal Code and the Criminal Procedure Code. The procedural specifications meant to lead to the application of fundamental principles related to the respect for human dignity and right to private life are also found in the articles of the new Code, dedicated to persons subject to hearing during criminal proceedings, to searches, expert reports and fact findings. The new Code regulates in detail the rules for the hearing of each category of persons who may be involved in criminal proceedings, thus bringing forth an element of novelty that resides in the materialisation of certain principles regarding the respect for fundamental human rights and freedoms. In relation to the issue of searches, the new Code underlines the obligation that they shall be ‘conducted by observing human dignity and without being a disproportionate interference in a person’s private life’. The detailed regulation of categories concerning expert reports and activities undertaken by experts makes this institution more efficient and reduces the strain on acts of justice. Considered as a whole, these amendments and additions have the purpose of creating a unitary jurisprudence at national level, in accordance to the highest standards in the field.

Keywords: Criminal Procedure Code; hearings of persons; searches; expert