CONSIDERATIONS FOR THE BEHAVIORAL ANALYSIS
OF THE PROSECUTOR, THE LAWYER AND THE JUDGE IN THE JUDICIAL DEBATE
CONSIDERATIONS FOR THE BEHAVIORAL ANALYSIS
OF THE PROSECUTOR, THE LAWYER AND THE JUDGE IN THE JUDICIAL DEBATE
Author(s): Tudorel Butoi, Corina-Florența Popescu, Niculae GamențSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Editura Bibliotheca
Keywords: justice; legal professions; magistrate; lawyer; guarantee of fundamental human rights; psycho-judicial typology; act of justice;
Summary/Abstract: Justice is the foundation of a democratic society. European Union law does not regulate the conditions for the exercise of legal professions, except for the lawyer. Thus, the legal professions are regulated at national level. Although there may be some natural similarities between them, national regulations differ quite a bit from one country to another, based on the continuity and specificity of true national or local legal traditions. Our study starts with the organization of the main actors involved in the organization of the Romanian judiciary, namely magistrates and lawyers, and aims to know the psycho-judicial typology of lawyer, prosecutor and judge. This typology underlies the understanding of the functioning of the entire justice system. The position of magistrate is a noble position within an essential structure of the rule of law - the judiciary. Being one of the most difficult professions, the magistrate must meet in his person a series of qualities, behavioral patterns and abilities, without which he will not be able to successfully fulfill the judicial function assigned to him and in the exercise of which he carries out his activity. , according to the law. At the same time, lawyers - partners of justice, not just ordinary participants - play an important role in civil or criminal proceedings, the presence and activity of the lawyer being a guarantee that the fundamental rights of the parties are respected, but also that the legality and formalism of each judicial procedure (summonses, administration of the approved evidence, communication of the sentence, etc.) are fulfilled in full, within a reasonable time.
Journal: Valahia University Law Study
- Issue Year: 2022
- Issue No: SI
- Page Range: 24 - 29
- Page Count: 6
- Language: English