APRECIEREA LIBERĂ A PROBELOR – AREALUL DE MANIFESTARE A PRINCIPIILOR DE INDEPENDENȚĂ ȘI IMPARȚIALITATE A JUDECĂTORULUI

Abstract

The purpose of this article is to present and explain the concepts of “appreciation of evidence” and “the independence and impartiality of the judge” when adopting the solutions by the substantive court. The legal-criminal analysis is combined with some references from constitutional law, the general theory of law as well as from judicial practice. The author intends to provide a critical analysis, in comparative plan of the concepts stated through the prism of the principles and guarantees of the activity of the judge, the legal provisions in force as well as the decisions of the Constitutional Court. Also, in this regard, the author will describe the problems and solutions from the perspective of the following topics, applying the comparative methods from the legislation of international authorities.