Efectuarea supravegherii tehnice. Proba neconstituţională. Studiu de jurisprudenţă

Iulian BĂLAN

ABSTRACT

The present study analyses a controversial jurisprudential matter: the sanction applicable to the evidence obtained form the technical surveillance executed with the participation of some specialized agencies, before the execution of the technical surveillance by those agencies was forbidden following the decision of the Constitutional Court no. 51 from 16 February 2016. It synthesizes from the jurisprudence an alternative conceptual model of the nullity, applicable to the unconstitutional evidence. That model presents similarities and differences with the standard model of nullity, applicable in the case of the relative nullity, with the irregular model of the absolute nullity and with the virtual absolute nullity model, which used to constitute the rule in the older procedural law. The model has practical consequences to the exclusion of evidence, which does not occur when the help...