Procurorul – între obligația de a afla adevărul și exigența loialității probelor. Dimensiuni juridice și etice ale funcției de urmărire penală
The prosecutor – between the obligation to find the truth and the requirement of the loyalty of the evidence. Legal and ethical dimensions of the criminal prosecution function

Summary/Abstract: This article analyzes the role of the public prosecutor in the Romanian criminal process, focusing on the obligation to gather and administer evidence both for the prosecution and for the defense, in light of Article 5 para. (2) of the Criminal Procedure Code. The prosecutor’s role is not limited to supporting the accusation, but also includes guaranteeing the respect for the fundamental rights of the accused, by collecting and assessing exculpatory evidence as well. The study aims to highlight the practical dimension of the principle of finding the truth, by correlating domestic legal provisions with the case law of the European Court of Human Rights regarding procedural fairness and the State’s obligation to conduct effective and impartial investigations. The analysis seeks to identify the challenges faced by prosecutors in balancing the efficiency of criminal investigations with the requirements of impartiality and evidentiary fairness.

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