The new Criminal Code brings many novelties in the sphere of Romanian criminal law, than the previous regulation, one of them is provided in art. 274, which stipulates that the deed of a person to commit an offense against someone who has filed a criminal complaint, gave statements or presented evidence in a legal dispute or in a proceeding in which witnesses are listen.
Article approaches the issue of some practices used in judiciary authorities
work, in the sense that they can constitute or lead to evidences. The author
considers that in each case it must be made distinctions between types of
challenges coming from criminal investigation bodies, in order to achieve a
reconciliation between a certain ethic and the social needs, because it should be
taken into account that the means of evidence illegally obtained can not be used
in criminal proceedings and also it is forbidden to determine a person to commit
or continue to commit an offence, in order to obtain evidences.
The present study aims to investigate the extent to which the trial for „admitting guilt” can meet the requirements of due process, both for purposes of recognition of all the accused a fair trial safeguards, impartial and in a reasonable time both and to ensure a continuity of tradition probation policy Romanian criminal procedure, which claims under Art. 63 par. 2 Criminal Procedure Code, that the evidence does not have a predetermined value.