SENTINŢA JUDECĂTOREASCĂ – ACTUL FINAL AL APRECIERII PROBELOR

Abstract

In the criminal procedural law of the Republic of Moldova, the court sentence is regulated in different contexts and with various names. The sentence is adopted in the name of the law. The adoption of the sentence in the name of the law increases the degree of authority of this act, as well as the responsibility of the judge in connection with the pronouncing of an unfounded decision. In this connection, it was mentioned that the sentence issued in the name of the law is, in fact, similar to the law in terms of obligation for the persons it concerns. The court sentence is the act of final synthesis of all the legal norms that were applied by the subjects of the criminal case in all the stages through which it passed. In these stages, the court forms its personal opinion with reference to all the evidence collected during the criminal case. Despite the fact that sometimes the judge’s point of view may differ from the opinion of the other members of the panel, the main task is for the evidence to be assessed objectively. In the sentence, the court will highlight the reasons that determined the admission or rejection of the evidence, administered by both the prosecution and the defense, having the obligation to assess the entire evidence.