Applying in practice the rule of exclusion (resulting from Article 389 § 1 of the Code of Criminal Procedure) has raised a lot of interpretation doubts. The issue of extending the above- mentioned law in respect of the bystanders participating in the hearing of a witness (who becomes the accused) has not been brought up in the literature of the subject yet. The extension in question would exclude the protocols for taking testimonies of bystanders from evidentiary proceedings. In the author’s opinion, this thesis should be considered justified, which may be supported both by the systematic and functional interpretation as well as by reasoning by analogy.