PUNCTUL DE JONCŢIUNE DINTRE AFLAREA ADEVĂRULUI, DREPT CONDIŢIE SINE QUA NON, ŞI RISCUL LATENT AL ERORII JUDICIARE ÎN PROCESUL PENAL - AUDIEREA MARTORULUI
THE CONNECTION POINT BETWEEN FINDING THE TRUTH, RIGHT TO SINE QUA NON CONDITION, AND THE LATENT RISK OF JUDICIAL ERROR IN THE CRIMINAL PROCESS - HEARING THE WITNESS

Summary/Abstract: The complex task of assessing the credibility of a witness weighs heavily on the shoulders of judicial bodies, the careful analysis of all the details is crucial for adopting a solution in the case. The quantitative or statistical vision of probability in the matter of the standard beyond any doubt leads to serious errors and prejudices the presumption of innocence. As is argued both in theory and in practice, the act of jurisdiction over legal issues is preconditioned by the existence of acts of jurisdiction of fact (da mihi facta, dabotibi ius). The international dimension of the phenomenon of judicial errors confirms the universality of the risk generated by a negligent administration of evidence, especially testimonial evidence, and famous cases in comparative jurisprudence invariably reveal the dramatic consequences of ignoring the evidentiary standard established in Romanian law by art. 103 para. (2) Code of Criminal Procedure, according to which a criminal conviction can be pronounced only to the extent that the accusation is proven beyond any reasonable doubt, through a complete and reasoned evaluation of all the evidence administered.

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