According to Article 101 of the Romanian Criminal Procedure Code, it is prohibited to use violence, threats or other coercive means, as well as promises or inducements, to obtain evidence.
Hearing methods or techniques affecting the capacity of persons to remember and tell conscientiously and voluntarily facts representing the object of taking evidence may not be used. This prohibition applies even if a person subject to a hearing gives their consent in relation to the use of these hearing methods and techniques.
Criminal judicial bodies or other persons acting on their behalf are prohibited from entrapping a person into committing or continuing to commit a criminal act to obtain evidence.
Evidence obtained through torture and evidence derived from torture may not be used in criminal proceedings. Evidence obtained unlawfully may not be used in criminal proceedings as per Article 102 of the Romanian Criminal Procedure Code.
Conviction is ordered only when the proceeding criminal court is convinced that the charge was proven beyond any reasonable doubt.
A court sentence ordering a conviction, waiver of penalty or delay of penalty may not be based decisively on statements of the investigator, of informants or of protected witnesses as per Article 103(2-3) of the Romanian Criminal Procedure Code.Yes, according to Article 10 of the Romanian Criminal Procedure Code, the parties and main subjects in the proceedings have the right to defend themselves or to be assisted by a counsel (including a defense lawyer).
Judicial bodies are under an obligation to ensure the full and effective exercise by the parties and main subjects in the proceedings of their right to defense throughout the criminal proceedings. The right to a defense will be exercised in good faith.According to Article 117 of the Romanian Criminal Procedure Code, the following persons are entitled to refuse to testify:
- a suspect or a defendant's spouse, ancestors and descendants in the direct line, as well as their siblings
- persons who were a suspect's or a defendant's spouse
Yes. Underage witnesses are treated as vulnerable witnesses with the following rights:
- escorting and ensuring the protection of the witness or of their family members when leaving the accommodation
- conducting a hearing with the witness without them being present with the help of audiovisual means of transmission, with their voice and image blurred, when the other measures are not enough[14]
It is implied by virtue of any person being summoned in criminal law and the special provisions for underage witnesses in criminal law. Any person may be summoned and heard as a witness, except for the parties and the main trial subjects. Under Article 124 of the Romanian Criminal Procedure Code, there are special provisions for underage witnesses.[15]
Child witnesses are treated in the same way as child victims.[16] If a child is a victim, they are considered vulnerable.[17]Yes. Under the current law, domestic violence represents any physical or verbal action deliberately perpetrated by a family member against another member of the same family that causes physical, psychological or sexual suffering or a material prejudice. A "family member" is defined as a spouse or a near relation.
If a family member commits murder, hitting/injury or bodily injury causing death, the maximum term of the penalty set by law will be increased by one-fourth. For example, murder is punishable with imprisonment from 10 to 20 years; therefore, the maximum penalty will be 25 years.[19]
Yes. Article 111 of the Romanian Criminal Procedure Code provides the right of victims to be informed of the release, in any manner, of the perpetrator.
The victim will be informed at the first hearing that if the defendant will be deprived of freedom, and respectively sentenced to imprisonment, the victim has the right to be informed of the perpetrator's release in any way.[22]