Considerations on the application of the exclusionary mechanism in the examination of criminal cases by the court

Abstract

Issues related to the admissibility and exclusion of evidence in criminal proceedings have given rise to numerous theoretical and practical debates over time, both in common law and civil law systems. The study of these issues remains an area of scientific interest with global relevance, but it has become particularly important in the context of the Republic of Moldova’s efforts to join the European Union’s area of freedom, security, and justice. These efforts require the adaptation of national legislation to European standards, including in the field of ensuring fundamental human rights in criminal proceedings. In this context, our research focuses on the mechanism of excluding evidence, applied by the judge, the most important arbiter of their admissibility. A comparative study of the mechanisms for excluding illegally obtained evidence in various legal systems, particularly through the lens of comparative law, has allowed us to highlight the particularities of their application in different jurisdictions. At the same time, the research effort is concentrated on studying the particularities of the national mechanism for excluding evidence by the judge, as well as identifying existing gaps in the current legislation. The analysis of domestic law in light of comparative law has led to the formulation of de lege ferenda proposals, which, in the author’s hope, will serve as sources of inspiration for both lawmakers and practitioners.