FREE ASSESSMENT OF EVIDENCE IN THE CRIMINAL TRIAL OF THE REPUBLIC OF MOLDOVA
FREE ASSESSMENT OF EVIDENCE IN THE CRIMINAL TRIAL OF THE REPUBLIC OF MOLDOVA

Author(s): Dinu Ostavciuc, Tudor Osoianu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: CEEOLPRESS
Keywords: penal trial; free assessment of the evidence; inner conviction;
Summary/Abstract: The article in reference analyses the principle of free assessment of evidence in the criminal process of the Republic of Moldova. The free evaluation of the evidence excludes the possibility of conferring a pre-established probative power on a piece of evidence. The criminal investigation bodies, the prosecutor, and the court are dealing with the evaluation of each piece of evidence as a result of the joint examination and verification of all the evidence administered. The free assessment of evidence does not imply arbitrariness but the freedom to assess evidence reasonably and impartially. The respective research analyses the opinion of some doctrinaires on the matter, the national judicial practice, and that of the European Court of Human Rights in relation to the provisions of art. 27 of the Code of Criminal Procedure. The authors identify the existing problem and come up with revelations, practical recommendations, and proposals to amend and supplement the criminal procedural law.

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