At the hearing of 27 October 2022, the Constitutional Court, in the context of the a posteriori constitutionality review, by a majority of votes, upheld the exception of unconstitutionality and found that the provisions of Article 482 (1) (g) of the Code of Criminal Procedure are constitutional to the extent that the statement given by the defendant in order to conclude the plea agreement cannot be used, against the defendant’s will, as evidence in the criminal trial, for the purpose of closing the case according to the common law criminal procedure.
In essence, The Court found that the statement provided in Article 482 (1) (g) of the Code of Criminal Procedure is not given by the defendant under the conditions of ensuring the procedural guarantees regulated by Article 108-109 of the Code of Criminal Procedure, which is why using this statement as evidence in common law criminal proceedings, against the defendant’s will, violates the presumption of innocence, the right to a fair trial and the defendant’s right to defense, fundamental rights provided in Article 23 (11) and Article 21 (3) of the Constitution, as well as Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The decision is final and generally binding.
The arguments set out in the grounds for the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.
The External Relations, Press and Protocol Department of the Constitutional Court of Romania