Cercetare judecătorească. Respectarea principiului nemijlocirii

Judicial research. Compliance with the principle of immediacy

Abstract

The principle of direct evidence administration requires the court, which resolves the case, to be aware directly and immediatly of the evidence administered, because, by directly perceiving the evidence, judges have a greater capacity to find out the truth than if these evidence were perceived from the documents in which they were recorded. By listening to the parties and witnesses, judges can intervene to clarify what they find confusing, to complete and clarify all the factual circumstances.

The principle of the contradictory nature of the court hearing ensures "equality of arms", between accusation and defense, the participants in the trial having the right to submit requests, to speak on any matter on which the fair settlement of the case depends.

The manner of hearing the witnesses and the defendant, through statements containing the phrases "keep...