PROBAȚIUNEA ÎN SISTEMUL JUDICIAR- O PERSPECTIVĂ COMPARATIVĂ
EVIDENCE IN THE JUDICIAL SYSTEM- A COMPARATIVE PERSPECTIVE

Summary/Abstract: Evidence is the basis of persuasion. Whenever we try to sue others, we must cite evidence, since humans do not respond to abstract and theoretical arguments. Particularly, the subject of evidence in civil and criminal proceedings has gained great prominence in doctrine and jurisprudence. In civil matters, during the initial petition, the plaintiff sets out the facts and the legal grounds on which his claim is based and the defendant, in most cases, refutes these allegations by describing his/her version of the facts, while requesting that the relief sought by the plaintiff is denied. Since the judge was absent at the time the facts occurred and does not have sufficient elements to form his conviction, evidence presents itself as the most efficient rhetorical mean of achieving the “truth”. In criminal matters, evidence is indisputably the central element of any criminal trial, irrespective of the system of criminal procedural law. Thus, the legality, reliability and the merits of the evidence are the only characteristics that can lead courts to substantiate any conviction or acquittal. Due to its importance, there are diverse legal debates, especially in the doctrine of common law systems, about a so-called Law of Evidence. Since there are distinct approaches and philosophies regarding the role of evidence in different countries, the aim of this study is to discuss the value of evidence in the Romanian and Portuguese legal systems, mainly, with reference to the evolution of national legal regulation and the international legal framework. In order to achieve this, a deductive research methodology was applied, drawing from jurisprudential and bibliographic sources.

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