'Admissibility of evidence - national proceedings' in document 'Romania - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER I
GENERAL PROVISIONS

Art. 63 - Any fact that leads to the acknowledgement of the existence or non-existence of an offence, to the identification of the person who committed it and to the discovery of the circumstances necessary for the fair resolution of the case is considered evidence.

The value of the evidence is not established in advance. The criminal investigation body and the court appreciate each piece of evidence according to their own convictions, formed after examining all the evidence administrated, and using their own conscience as guide.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER I
GENERAL PROVISIONS

Article 64 - The means of evidence that lead to the factual elements which may serve as evidence are: the testimonies of the accused person or the defendant, the testimonies of the victim, of the civil party or of the party who bears the civil responsibility, the testimonies of the witnesses, the writings, the audio or video recordings, the photos, the probative material means, the technical-scientific findings, the forensic findings and the expertise.

Pieces of evidence that were illegally obtained may not be used in the course of the criminal trial.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER I
GENERAL PROVISIONS

Art. 67 - During the criminal trial the parties may propose pieces of evidence and may request their administration.

The request for administration of a piece of evidence cannot be rejected, if the respective piece of evidence is conclusive and useful.

Approval or rejection of requests shall be motivated.