Brief Presentation of the Types of Evidence, Means of Proof and the Evidence Procedures
DOI:
https://doi.org/10.18662/lumenlaw/10.1/67Keywords:
Evidence, means of proof, guilt, factual circumstancesAbstract
In order to be able to fully understand what the evidence, means of proof and evidentiary procedures represent, we appreciate that it is necessary to first of all consider the representation of these elements in the criminal trial.
In the activity of finding out a factual situation, it must be researched, because it is not self-evident. So, with regard to the criminal process, the mechanism is paramount, because the judicial bodies are forced, according to the legal provisions, to carry out any necessary steps to establish, discover and prove, beyond any reasonable doubt, the guilt of a person suspected of committing a crime. Thus, in the doctrine, it is appreciated that this activity must be carried out by the judicial bodies only through collecting evidence.
Evidence is considered to be formed of the essential elements that lead to finding out the truth, that determine the existence or non-existence of a criminal act and the identification of person who committed it, the intended purpose being that of solving the case fairly.
These are aleso facts that are assimilated to factual circumstances, that are not part of the criminal process per se, but acquire a procedural character due to the fact that they refer to the object of the trial, and are also researched through the steps taken to administer evidence in the criminal process.
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