Plângere împotriva ordonanţei procurorului de clasare a unor dosare vizând magistraţi. Inexistenţa relei-credinţe sau a gravei neglijenţe în exercitarea funcţiei

Claim against the prosecutor’s decree of closing files regarding the magistrates. Non-existence of bad faith or of gross negligence in performing the office

Abstract

Ascertaining the case from all the points of view and based upon the evidence, and developing the judge’s conviction represent two positions for including the appreciative capacity of the court in the indispensable approach in the pursuit of truth, and this interpretation complies with the Recommendation R (94) 12 of the Committee of Ministers to the Member States on the Independence, efficiency and the role of judges, according to which “the judges have to own sufficient powers and to be able to exercise them in order to discharge of their duties".

Although the development of the judge’s own conviction as a result of an effort of reflection of consciousness...