PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 32
2. No one may be declared guilty on the basis of data collected in an unlawful manner.

GENERAL PROVISIONS
Article 8/a Evidence
1. In criminal proceedings facts shall be proved with any evidence, provided that they do not violate human rights and fundamental freedoms.
2. The proceeding authority shall gather and assess evidence against the defendant, as well as that in his favour.

CHAPTER IV THE DEFENDANT
Article 36 Prohibition to use the defendant’s statements as testimony
1. Statements made by the defendant during the proceedings shall not constitute object of testimony.

CHAPTER IV THE DEFENDANT
Article 36/a Statements of the collaborator of justice
1. A collaborator of justice shall be questioned as a witness. In case of false statements or testimony, he shall be held criminally liable pursuant to the law.
2. The statements of the collaborator of justice are evaluated pursuant to the criteria established by paragraph 3 of article 152 of this Code.

CHAPTER IV THE DEFENDANT
Article 37 Self-incriminating statements
1. If a person who is not taken as a defendant makes statements before the proceeding authority, that raise suspicion of guilt against him, the proceeding authority shall interrupt the questioning and warn him that, following such statements, an investigation may be carried out on him, and advise him to appoint a lawyer. Statements previously made by the person cannot be used against him.

TITLE II JURISDICTION AND COMPETENCE
CHAPTER I JURISDICTION
SECTION IV RULINGS IN CASE OF LACK OF JURISDICTION
Article 87 Evidence obtained by a non-competent court
1. Failure to comply with the provisions on competence does not result in evidence non-utility.

TITLE III DOCUMENTS, NOTIFICATIONS AND TIME LIMITS
CHAPTER I DOCUMENTS
SECTION I GENERAL RULES
Article 98 Language of the documents
3. Breach of these rules results in documents invalidity.

TITLE IV EVIDENCE
CHAPTER I GENERAL PROVISIONS
Article 149 Meaning of Evidence
1. Shall be considered as evidence the information on the facts and circumstances related to the criminal offence, which are obtained from sources provided for by the criminal procedural law, as well as in compliance with the rules defined by it, and serve to prove whether the criminal offence was committed or not, its ensuing consequences, the guilt or innocence of the defendant the level of his/her accountability.
2.If evidence is requested and it is not regulated by law, the court may introduce it if it is deemed suitable to determine the facts and does not compromise the moral freedom of the person. After hearing the parties on the methods for gathering evidence, the court shall decide on the admission of evidence .

TITLE IV EVIDENCE
CHAPTER I GENERAL PROVISIONS
Article 151 Gathering of evidence
1. During preliminary investigations, evidence shall be admitted by the proceeding authority, in compliance with the rules provided for by this Code.
2. In trial, evidence shall be admitted upon request of a party. The court shall promptly decide, excluding any evidence that is not allowed by law or manifestly irrelevant.
3. Evidence gathered in violation of the prohibitions set out by law shall not be used. The exclusion of evidence may be declared also exofficio at any stage and instance of the proceedings.

CHAPTER II TYPES OF EVIDENCE
SECTION I TESTIMONY
Article 161 Exclusion of secrecy
1. Information or documents concerning criminal offences aimed at subverting the constitutional order cannot have the state secrets status. The type of criminal offence shall be established by the proceeding authority.
2. If the exclusion of secrecy is not accepted, the competent state authority shall be informed.

CHAPTER II TYPES OF EVIDENCE
SECTION VI EXPERT EXAMINATION
Article 181 Exclusion of the Expert
1. The parties may request the exclusion of an expert in the circumstances foreseen by this Code for the judge disqualification.
2. In case where any reason for exclusion exists, the expert shall be obliged to declare it.
3. The declaration of the reasons for exclusion by the expert himself or the request for his/her exclusion by the parties may be set forth before the tasks have been assigned and in case the grounds have arisen on the spot or have become known later, before the expert has given his/her opinion.
4. The exclusion statement of the expert or the parties’ request for exclusion shall be resolved by the proceeding authority who has ordered the expert examination by means of an order.

TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 256 Questioning of the arrested or detained person
3. Statements made by the arrested or detained person prior to receiving their letter of rights or prior to meeting with their defense lawyer, cannot be used.

TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER VI PRE-TRIAL ADMISSION OF EVIDENCE
Article 316 Cases of pre-trial admission of evidence
1. During the preliminary investigations, the prosecutor and the defendant may request that the court proceed with the pre-trial admission of evidence in the following cases:
a) to the assumption of the testimony of a person, if there are reasonable grounds to believe that he may not be questioned at the trial hearing, because of an illness or any other serious impediment;
b) to the assumption of a testimony of a person, if there are reasonable grounds to believe that he may be subject to force, to threats, to promise of money or other utilities, in order for him not to testify or make false testimony;
c) to the questioning of the defendant on facts concerning the liability of others, when one of the circumstances provided for by letters “a” and “b” exists;
ç) to the confrontation between persons who have rendered conflicting statements before the prosecutor, when one of the circumstances provided for by letters “a” and “b” exists;
d) in an expert report or judicial test/simulation, if evidence concerns a person, an item or a place, the state of which is subject to unavoidable modification. The expert report may also be requested when, if done during the trial, it would result in the suspension of the trial for more than sixty days.
dh) to an identification, when the act may not be postponed to the trial hearing date, due to to specific reasons.

TITLE VI PRELIMINARY INVESTIGATIONS
CHAPTER IX PRELIMINARY HEARING
Article 332/c The hearing
3. The defendant may submit requests for the invalidity of the acts of the preliminary investigations, the non-usability of evidence, the need to obtain new evidence, request for abbreviated trial and can make all statements he deems necessary or request to be questioned, applying the rules provided for in articles 38 and 39 of this Code.

Transitional provision added by law no. Nr.35/2017
3. Acts and evidence obtained until the entry into force of this law, shall be valid and usable even when the law provides for different regulations.