Academic journal article Contemporary Readings in Law and Social Justice

The Evidence and Their Importance in Criminal Proceedings

Academic journal article Contemporary Readings in Law and Social Justice

The Evidence and Their Importance in Criminal Proceedings

Article excerpt

ABSTRACT.

The piece of evidence can be defined as the imposition of a truth, may it be a de facto truth, namely an existential one, or logical, moral, scientific, etc. to my knowledgeable consciousness. The paper underlines the means by which this imposition operates within Romanian Criminal law. In science, it operates by experience, in logics by demonstration, in law by documents, witnesses, examinations, on site investigation, clues, and presumptions. But a piece of evidence, as it is defined, represents an element of fact, and this must be brought to the attention of judiciary bodies as it is. So, there has to be an instrument, a means by which the facts, namely the evidence, must be brought to the attention of the judiciary bodies.

Keywords: evidence, criminal procedure law, legal instruments

The piece of evidence is a purpose, an outcome, a fact which has a tendency of being achieved by certain proper ways or means. The piece of evidence can be defined as the imposition of a truth, may it be a de facto truth, namely an existential one, or logical, moral, scientific, etc. to my knowledgeable consciousness. By which means does this imposition operate? In science, it operates by experience, in logics by demonstration, in law by documents, witnesses, examinations, on site investigation, clues, presumptions etc.

Three factors participate towards creating a piece of evidence: the object to be known, namely the truth, the way or the means which leads to its knowledge, revelation, and discovery, as well as the conviction of the knowledgeable subject, the common man, scientist, law specialist etc., that the very object, abstract truth or concrete fact reveals itself to his knowledgeable consciousness, in its existence or nature. The only synthesis of these three factors is represented by the evidence. Otherwise, it does not exist. If the object is missing, namely the truth, which seeks to be revealed, the means becomes just a shape with no substance, a frame without painting, a body without soul, an instrument without music, an orchestra without a symphony. In the absence of a way, the means which leads to its discovery, the object, namely the truth, will remain irrelevant, undiscovered, as if nonexistent, therefore not verified by the knowledgeable conscience. Finally, if the subject is missing, the conviction of finding the searched object, which is the object, in its existence in nature, in its characteristics, does not impose to our consciousness as a certain thing and this signifies that the means was not adequate for finding the truth and, as result, it did not succeed to its probation.

According to Article 63 of the Criminal Procedure Code: "The piece of evidence is any fact which serves for acknowledging the existence or nonexistence of a crime, for identifying the person who did it and knowing the circumstances required for the fair settlement of the case."

The entire activity of the judicial bodies, either the criminal prosecution, or judgment is conducted around the administration of evidence. The criminal case must be clarified on all its aspects on the basis of evidence.

Thus, according to Article 62 of the Criminal Procedure Code, in order to find out the truth, the prosecution and the court ARE OBLIGED, the clarify the case on all its aspects on the basis of EVIDENCE. Therefore, probation activity (gathering and verification of the evidence), which should not be confused with the concept of evidence, is a "duty" obligation of the judiciary bodies. Any court must create its conviction based on evidence, when ruling a decision.

But a piece of evidence, as it is defined, represents an element of fact, and this must be brought to the attention of judiciary bodies as it is. So, there has to be an instrument, a means by which the facts, namely the evidence, must be brought to the attention of the judiciary bodies.

This instrument is the means of evidence. The means of evidence is purely formal, because it merely represents the way which leads to the uncovering of the truth, a way independent of the knowledgeable subject and which the science itself, in its most impersonal way, therefore objective, offers to one who wants to find out the truth. …

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