Aspecte de drept comparat privind rolul instanței de judecată în asigurarea contradictorialității în unele sisteme de drept [Articol]

Abstract

On the basis of decision of criminal procedure competitiveness there is the goal of proving the truth. In the criminal procedure it is a truth that might be possible only when there are two consequences: the preliminary and judicial. If the first is in the form of search, the second is in compliance with the competitive procedures. Investigative pre-trial proceedings lead to such a construction of the court phase in which the leading role belong to the judge, because as the guarantor of the legitimacy of one „master” of the case stands the subsequent examination of his work by other sovereign entity with the participation of the parties.