{"id":7097,"date":"2026-05-06T04:02:10","date_gmt":"2026-05-06T04:02:10","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7097"},"modified":"2026-10-31T11:19:06","modified_gmt":"2026-10-31T11:19:06","slug":"the-penal-evidence-explained-in-a-way-that-everyone-can-understand","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/probele-din-penal-explicate-pe-intelesul-tuturor\/","title":{"rendered":"Evidence in criminal proceedings: rules and the exclusion of evidence"},"content":{"rendered":"

What does the evidence in criminal proceedings mean?<\/h2>\n

Evidence in criminal proceedings are the facts that help establish the existence of a crime, identify the person who committed it, and resolve the case. The Code of Criminal Procedure distinguishes evidence from the means of evidence: for example, information about a person\u2019s location is evidence, and the statement, written record, or recording through which it enters the file is the means of evidence.<\/p>\n

What types of evidence can be administered<\/h2>\n

The law lists, among other things, the statements of the suspect or defendant, the injured person and witnesses, the records, expert reports and findings, the minutes of the proceedings and material means of evidence. Judicial bodies may also administer other means of evidence that are not prohibited by law. A piece of evidence must be relevant to the circumstances to be clarified, and its proposal does not mean that it will be automatically admitted.<\/p>\n

Who has to prove the accusation<\/h2>\n

In criminal proceedings, the burden of proof primarily rests with the prosecutor. The suspect or defendant benefits from the presumption of innocence, has the right not to testify and is not obliged to prove his or her innocence or contribute to his or her own prosecution. During the criminal investigation and trial, evidence can be requested both in favor of and against the accused, in accordance with procedural rules.<\/p>\n

How the evidence is evaluated<\/h2>\n

No legally administered evidence has, by law, a predetermined value. The judicial bodies evaluate the evidence as a whole and justify their conclusions. A statement is not automatically sufficient or insufficient: its credibility and strength are assessed in the context of the case file, along with the other evidence and the possibility of verifying and contesting it. Condemnation can only be pronounced if the court is convinced that the charge has been proven beyond all reasonable doubt.<\/p>\n

When a sample can be excluded<\/h2>\n

The Code of Criminal Procedure regulates the exclusion of evidence obtained illegally. Evidence obtained through torture and derived from it may not be used. If the act authorizing or ordering the evidence is null and void, the exclusion applies under Article 102. Evidence derived from the illegal evidence cannot be excluded if it was obtained directly from the illegal evidence and could not have been obtained in any other way. Therefore, not every alleged irregularity automatically leads to the exclusion of the evidence or all subsequent evidence; the violation, the connection with the evidence, and the consequence provided by law must be shown.<\/p>\n

What the defense can check<\/h2>\n