ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
8. Evidence 8.1 Disclosure
privacy rights, breach a legal duty of confidentiality or affect protected interests such as trade or technical secrets. The protection of private life and personal data is also relevant in limiting access to evidence. However, confidentiality is not absolute. Courts retain discretion to order the production of documents where required for the proper administration of justice, sub- ject to proportionality considerations. Specific excep- tions also apply where disclosure is mandated by law or justified by overriding legal interests. Witnesses may be re-examined and there is no formal system of cross-examination as understood in com- mon law jurisdictions. 8.4 Witness Evidence Witness evidence is commonly used in Romanian pro- ceedings and is typically given orally before the court. Witnesses are examined by the court, which conducts the hearing and retains control over the taking of evi- dence, while the parties and other participants may propose questions. The admissibility of witness evidence is subject to certain limitations, including situations where legal acts cannot be proven solely by witness testimony and must be corroborated by other evidence. Certain categories of persons may refuse to testify, such as close relatives, while others are prohibited from being heard as witnesses in specific circumstances. 8.5 Expert Evidence Expert evidence is permitted and frequently used in Romanian proceedings, particularly in technically complex matters. The court may appoint one or more independent experts, typically selected from official registers of judicial experts, to provide an expert report within their field of expertise. In addition to court-appointed experts, parties may appoint their own experts to assist in the proceedings and express opinions supporting or challenging the conclusions of the court-appointed expert. The court retains control over expert evidence. It defines the scope of the expert’s mandate, includ- ing the issues to be addressed, the timeframe for
Romanian civil procedure does not provide for general pre-trial disclosure. However, the court may order a party to produce specific documents relevant to the case where it is shown that such documents are in that party’s possession. This obligation also extends to third parties and public authorities, which may be required to submit documents or certified copies. Requests may be refused where disclosure would infringe privacy rights, legal confidentiality obliga- tions or expose the holder to criminal liability. Failure to comply may allow the court to draw adverse infer- ences regarding the content of the documents. 8.2 Privilege The Romanian legal framework recognises legal pro- fessional privilege through the concept of legal profes- sional secrecy. This covers communications between lawyers and clients, as well as documents prepared in connection with legal assistance and is protected under legislation governing, among others: • the legal profession; • criminal law; • civil procedure; and • competition law. Documents subject to legal professional secrecy may be withheld from disclosure, including in court proceedings. Similar protections may be invoked in investigations by public authorities, including compe- tition authorities, in line with EU principles, particularly in respect of correspondence with independent exter- nal counsel. Protection may be lifted where the client waives con- fidentiality or, in limited circumstances, where the lawyer is involved in criminal conduct or disclosure is otherwise required by law. 8.3 Confidentiality National provisions recognise the right to withhold evidence on grounds of confidentiality in certain cir- cumstances. Courts may refuse requests for the pro- duction of documents where disclosure would infringe
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