Dreptul martorului de a nu se autoincrimina, în lumina Deciziei Curţii Constituţionale nr. 236/2020. Aplicarea directă a prevederilor Constituţiei în cadrul procesului penal

The right of the witness not to incriminate himself, in the light of the Constitutional Court Decision no. 236/2020. The direct application of the Constitutional provisions in criminal proceedings

Darius Florian

Auditor de justiţie, INM

Abstract

By Decision no. 236/2020 of the Constitutional Court, the plea of unconstitutionality raised in regard to Article 118 of the Criminal Procedure Code was accepted and it was found that the legislative solution, which does not provide witness’ the right to silence and non-incrimination, is unconstitutional.

The Constitutional Court also ruled that until the adoption of the corresponding legislative solution, as a consequence of the decision to admit the plea of unconstitutionality, taking into account the provisions of Article 147para. (4) of the Constitution, in order to ensure...