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Brief Considerations On Compliance With The Principle Of Finding The Truth In Criminal Cases

Author

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  • Cornelia VLADU

    (Bucharest College of Legal Advisers, Romania.)

Abstract

Prior of being a legal category, truth is a philosophical one; throughout the time philosophers have emphasized the objective character of truth that does not depend on the will of man and humanity in general. The doctrine has appreciated that no matter how the objective truth was perceived, the notion must be understood and resolved only by finding that it represents a fair reflection of the objects and phenomena of nature and society. In the Romanian procedural system in order for the justice to be able to achieve its purpose directly or indirectly, it must know the real truth that emerges from the reality of the facts and not from the fictitious evaluation; in other words, it must know the material truth and not the fictive one at all. The courts have the obligation to ensure the truth is found, and for this purpose they must verify the evidence gathered by the criminal investigation authorities in order to establish the truth, even if the defendant admits the charges, and the prosecutor has stated that he has no evidence to solicit.

Suggested Citation

  • Cornelia VLADU, 2022. "Brief Considerations On Compliance With The Principle Of Finding The Truth In Criminal Cases," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(1), pages 16-29, March.
    • Handle: RePEc:sja:journl:v:11:y:2022:i:1:p:16-29
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    More about this item

    Keywords

    principles; finding out the truth; forensics; legality; identity; material truth.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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