Standardul probei „dincolo de orice dubiu rezonabil” din perspectiva CtEDO

Abstract

The fear of miscarriage of justice is a real limit to judicial truth that all existing legal systems face. It is often perceived as a real drama sustained by the expectations and impending uncertainties of the criminal trial or as a terrible tragedy that dishonors the state. Therefore, the regulation of a standard of evidence that is able to guarantee a certain level of certainty in finding out the truth can have a fundamental role in forming an objective conviction of the court and in reducing the risk of an unfair solution. Thus, there is also the tendency of the courts to reconsider their jurisprudence according to the evolution of the jurisprudence of the European Court of Human Rights, unifying in this sense the judicial practice through the direct application of the provisions of the European Convention, but with the mention that the only court that has the right to give official interpretations regarding the application of the European Convention, through its decisions, is the ECtHR.