Magdalena ROIBU, PhD
West University of Timisoara, Law Faculty
The adoption of the Romanian New Code of Criminal Procedure has entailed endless debates in the doctrine, generated by the imperfect structure of the new procedural law.
Many provisions of the new law, that have the value of fundamental principles, gradually lose their consistency, as they are infirmed by rules contrary precisely to those that consecrated them.
On the one hand, it is worthwhile that the New Code provided for a much clearer principle of loyalty in obtaining evidence, expressly setting out the interdiction to induce a person to commit an offense with the purpose to obtain evidence.
On the other hand, though, the same Code settled less conventional methods of criminal investigation, such as the possibility of state agents (undercover investigators) to participate to authorized activities that would otherwise be illegal, precisely in order to collect evidence, which includes, among others, the commission of an act similar to the actus reus of a corruption offense.
The present study aims at a sober analysis of the new procedural dispositions, from the perspective of the perpetual conflict between the state’s public interest to fight against corruption, and the private interest of the person against whom the criminal investigation is conducted.