Probele și obiectul probatoriului: considerații privind condițiile de administrare a mijloacelor de probă în procesul contravențional
Evidence and the subject of proof: considerations on the conditions for the administration of means of evidence in contravention proceedings

Summary/Abstract: The present article undertakes a systematic examination of the evidentiary framework and the object of evidence (thema probandum) in criminal and contravention proceedings, with a particular emphasis on the conditions governing the administration of means of proof. The study highlights the decisive role of the object of evidence in delineating the facts and factual circumstances that must be established in a given case, as well as its implications for determining culpability, establishing legal liability, and shaping the offender’s profile. The analysis addresses the conceptual distinction between principal facts (res probandae) and evidentiary facts (res probantes), alongside the complex structure of the generic and specific object of evidence, in relation to the requirements of a fair trial and the demands of effective justice. The paper underscores the importance of adhering to the essential admissibility criteria of evidence - relevance, conclusiveness, usefulness, and legality - in order to ensure the ascertainment of truth in criminal proceedings. Additionally, the study discusses issues concerning facts exempted from proof (dispensation from evidence) and the limitations imposed by the principle prohibiting hearsay evidence, with comparative references to doctrines from both continental and common law systems. The conclusions emphasize the necessity of a clear demarcation between the object of evidence and the means of proof employed in criminal and contravention trials, as well as the methodological imperatives of rigorous evidentiary management aimed at safeguarding the right to a fair trial and upholding the fundamental rights of the individual.

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