Audierea martorilor și victimelor copii în cadrul procesului penal [Articol]

Abstract

The success of an investigation is directly proportional to the ability of the prosecuting body to gather evidence, so that it is sufficient and relevant to the case. In carrying out this complex procedure anchored to the criminal investigation phase, the prosecutor is the one who has the positive obligation to assess the sufficiency of the evidence and, equally, to check whether it (the evidence) was administered in accordance with the law. In particular cases, proving the guilt or, as the case may be, the innocence of the perpetrators was only possible through the administration of evidence with witnesses/victims who are minors. In the context of universal principles, in order to ensure an increased degree of protection of evidence with child witnesses/victims, the legislator had provided special procedures for the administration of these means of evidence, aiming that from the perspective of the impact on the merits of the case, they can be assimilated to genuine evidence administered during the trial.