Conceptul şi istoricul apariţiei şi evoluției mijloacelor de probă şi procedeelor probatorii în Republica Moldova

Abstract

In criminal proceedings, probation occupies a central place. In order to make a decision that will influence the lives of some people, the prosecutor and the judge must be fully aware of the reality of all the circumstances of the case, and be convinced that the solution they adopt is only the correct one. However, this decision - to send or not to sue, or to convict or acquit a person - is fundamentally determined by the activity of administering evidence. Means of evidence and evidentiary proceedings are of particular importance in criminal proceedings, as, together with evidence, they are closely linked to the realization of the basic rule of truth, as well as to the fact that in most criminal proceedings there are problems related to evidence and means of proof. Therefore, it must be established whether the deed exists and by whom it was committed, whether it meets all the constitutive elements of a crime and whether the perpetrator will be criminally liable for his deed.