Degrevarea de probaţiune în temeiul faptelor unanim cunoscute (de notorietate publică)

Abstract

As a first condition of justice there appears the necessity to ascertain by the Court the de facto circumstances that took place before the case opening, while its cognizance can be realized through the probation activity. In the procedural legislation of Republic of Moldova and of the other states there are facts that, even they are part of the probation object, which do not need to be proved. Thus, the Court of Justice can consider certain facts as ascertained without submitting them to probation, if they are well known facts. At the same time, the procedural legislation that is reported on the subject is incomplete and needs to be made up with special provisions that will assure the correct interpretation and the uniform application of the well known facts. Nevertheless, it will facilitate the ascertained fact activity of the important circumstances for a fair solution of the civil cases, will encourage their judgment in reasonable terms and will reduce expenses met by the state and by the participants.