THE GOOD FAITH EXCEPTION ÎN PROCEDURA PENALĂ ROMÂNĂ

The study addresses the issue generated by the express regulation of the principle of loyalty in
matters of evidence, especially from the perspective of the incidence of the sanction of exclusion of
evidence in the cases where this principle has been violated. The author notes that, in general,
legality and loyalty in the administration of evidence means the idea of honesty which the judicial
bodies must show when constructing evidence, and the violation of these principles generates the
solution of applying the sanction of exclusion of evidence. In addition, the article deals also with an
aspect of these problems that has not yet received a unitary solution in the national doctrine and
case law, respectively that of the existence of a conditionality between the incidence of the sanction
of exclusion of evidence on the fault of judicial bodies in the illegal administration of evidence. With
theoretical arguments and with examples from the practical activity of the courts, the author shows
that the solutions are, on the one hand, in the sense of excluding evidence, and, on the other hand,
in the sense of validating them, the court rulings being determined in these cases precisely by the
finding of the good faith of the criminal investigation body.