AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: ANCA-IOANA NEGRU.
DOI: 10.24193/SUBBiur.67(2022).4.2
Article history: Available online April 31, 2023.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 55-80
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ABSTRACT In the study we addressed the issue of the standard of proof in the preliminary chamber. More specifically, we determined that although the path to a trial within a trial was opened, the legislature failed to prescribe a standard of proof. We agreed that a standard of proof was required and being inspired by the common law tradition, this should have been "clear and convincing evidence". In addition to the issue of the standard of proof in the preliminary chamber, we also dealt with the burden of proof, and we concluded it belongs to the State as long as they want to introduce to the trial the proof obtained during the criminal investigation phase. The State has the obligation to prove the proof was obtained in compliance with the principle of legality and loyalty.
Keywords: pretrial chamber, standard of proof, burden of proof, beyond a reasonable doubt, preponderance of the evidence, clear and convincing evidence.
