Aspecte tactice şi procesuale privind audierea martorilor în procesul penal (Partea I*)

* Partea a II-a a articolului va fi publicată în Pandectele Române nr. 2/2021.

Av. Giulia ŞOLOGON

Baroul Bucureşti

ABSTRACT

The commission of a crime obliges the state to take measures to establish the circumstances that determined it and to identify the perpetrator, in order to finally order, if it is necessary, to engage his criminal liability and apply a penalty provided by the law.

The conviction of the defendant for committing a crime may be ordered, according to art. 103 para. (2) C. pr. pen., only if the judicial bodies prove, beyond any reasonable doubt, that the deed exists, it constitutes a crime and it was committed by the defendant with the guilt provided by law.

This task of the judicial bodies is easier to perform in a case where the defendant acknowledges the commission of the act and is willing to cooperate with the authorities to remove the consequences of the crime and establish all the...