Repere istorice privind recunoașterea vinovăţiei în procesul penal
Historical Milestones Regarding Guilty Pleas in Criminal Proceedings
Author(s): Lucian CristeSubject(s): History of Law, Criminal Law, Roman law
Published by: Editura Academiei Române
Keywords: confession; the procedure in case of recognition of guilt; trial; inquisitorial system; accusatorial system;
Summary/Abstract: The present study briefly displays a number of historical milestones regarding the admission of guilt in criminal proceedings. The importance of guilt admission is qualified on the basis of the evolution of evidence in old legal systems, which influenced and inspired contemporary legal systems. Thus, the study will firstly touch upon the importance of confession in Roman law, in ancient Greece, and in the Judeo Christian space. Thereafter, the importance of guilt admission in inquisitorial inspired laws and in common law jurisdictions will be emphasized. Finally, the study highlights the evolution of special criminal proceedings that are based on guilt admission in criminal proceedings. The rebirth of guilt as probatio probatissima confers efficiency in criminal proceedings, although at the same time, the possible risks generated by abdication of the standard of proof in criminal proceedings should not be neglected.
Journal: Anuarul Institutului de Istorie »George Bariţiu« - Series HISTORICA - Supliment
- Issue Year: 1/2022
- Issue No: LXI
- Page Range: 411-429
- Page Count: 19
- Language: Romanian