The good faith exception – hypothesis for the covering of the effects of absolute nullity. Notes to the Minute of the Supreme Court no. 95 of the 12th of February of 2025

Abstract

Starting from a specific criminal case, this note addresses the relevance of the good faith exception doctrine – established in U.S. law – within the framework of Romanian criminal procedure. The authors argue that the sanction of absolute nullity should be contingent upon the negligence of the authorities in the unlawful administration of evidence. Conversely, it should not apply in instances where it can be proven that judicial authorities acted in good faith and with the requisite diligence to comply with legal provisions, such that the procedural violations cannot be imputed to them.