Probatoriul în procesul penal
Proofs within Criminal Trial

Summary/Abstract: The effectiveness of the judicial review requires that, as part of the review of the lawfulness of the grounds which are the basis of the decision are to ensure that that decision, which affects that person individually, is taken on a sufficiently solid factual basis. That entails, in this instance, a verification of the factual allegations in the summary of reasons underpinning the acts at issue, in order to review whether those reasons, or, at the very least, one of those reasons, deemed sufficient in itself to support those acts, is substantiated. A presumption is a legal mechanism of inducing a fact uncertain of a certain fact. This mechanism is retained when nature uncertain because makes it very difficult to establish and it results from a fact easier to establish. Although the legal burden of proof is on [...] or to the prosecution or to the persons concerned, the evidence on which a party relies may be such as to require the other party to provide an explanation or justification, failing what it can be concluded that the burden of proof has been satisfied.

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