Utilitatea mijloacelor de probă digitale în stabilirea adevărului judiciar

Bogdan Sebastian GAVRILĂ

judecător

doctorand Academia de Studii Economice, Şcoala Doctorală de Drept

ABSTRACT

As the current society increasingly relies on digital means in the conduct of social relations, the need to proove them before a court can impose new tasks on the judge in exercising his active role in establishing the judicial truth. The paper shall seek to identify a set of good practices in the management of digital evidence to ensure that the rights of the parties are respected while at the same time determining the extent of the rights subject to judgment. The relevant legal provisions regulating the specific legal regime of these means of proof, the doctrinal opinion on their applicability shall be analyzed, with the author drawing some final conclusions regarding the issue at hand.

Keywords: digital evidence, the active role of the court, the establishment of the judicial truth

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