Analele Universității Hyperion. Drept și Administrație Publică
The Faculty of Legal Sciences of Hyperion University of Bucharest, Romania, is publishing the scientific journal: Analele Universității Hyperion. Drept și Administrație Publică/ Annals of Hyperion University. Law and Public Administration (AUHDAP), in English, French, or Romanian language, that is distributed both nationally and internationally, and its main domain of study is law. AUHDAP encompasses all areas of law, national legislation, as well as the fields of public international law and European law, general theory and philosophy of law, information technology law, and sports law.
The Importance of Digitalization in Romania
Digital technologies should make the court system more efficient, more transparent, increase access to justice, improve access to information, raise citizens’ awareness of their rights, and all this led to a higher level of trust in the justice system. However, the integration of digitalization into legal area brings significant challenges in many aspects, such as establishing boundaries between the right to information and the right to personal data protection, and ensuring the security and confidentiality of information.
artificial intelligence; law; digitalization; data protection; innovation
Copyright (c) 2025 Daniela TARANU, Șerban TARANU (Author) https://creativecommons.org/licenses/by-nc/4.0
The article examines the notion of criminal liability, highlighting its theoretical and practical importance. Criminal liability is presented as one of the forms of legal responsibility, alongside civil, political, administrative, and disciplinary liability, with its essence consisting in the obligation of a person to bear and execute a sanction. In the narrow sense, criminal liability represents the offender’s obligation to bear and execute a punishment, forming an element of the criminal legal relationship, corresponding to the state’s right to punish through judicial organs. In a broader sense, criminal liability may refer to the entire criminal legal relationship, encompassing the relationship between the state and the offender, the state’s right to punish, and the offender’s duty to bear and execute the punishment.
criminal liability; criminal legal relationship; offense; punishment; state
Copyright (c) 2025 Norris Marcu MĂGEANU (Author) https://creativecommons.org/licenses/by-nc/4.0
The Standard of Proof beyond a Reasonable Doubt
The standard of reasonable doubt must be read through the prism of the principle enshrined in art. 6 of the European Convention on Human Rights, as introducing an objective standard of proof in Romanian criminal proceedings, which ensures the fairness of the procedure. The essential change in procedural legislation was based on strengthening the procedural guarantees related to the presumption of innocence. Thus, the Code of Criminal Procedure took over the standard of proof from the common law regarding the degree of conviction of the judge, stipulating in art. 103 para. (2) sentence II of the Code of Criminal Procedure that a conviction solution is ordered only when the court is convinced that the accusation has been proven beyond any reasonable doubt. This standard plays a vital role in the criminal process and is the main instrument for reducing the risk of committing judicial errors. The standard of “reasonable doubt”, borrowed from the adversarial system, namely the highest standard of proof, assumes that the position of the prosecution must be proven to such an extent that a reasonable person would no longer have doubts about the guilt of the accused.
evidence; doubt; equitability; presumption of innocence
Copyright (c) 2025 Monica Eugenia UNGUREANU (Author) https://creativecommons.org/licenses/by-nc/4.0
Law in the Context and Paradigm of Digitalization and Artificial Intelligence
A legal system is often expected to remain at least one evolutionary step ahead of the social environment it regulates. This raises a further question: can law also ante‑situate itself with respect to the technical and technological evolution that shapes the very social environment it seeks to govern? In other words, if law is a constructed‑anthropic system that inevitably captures, interprets, and shapes the social world, can it also anticipate and normatively structure the technological dynamics that increasingly constitute that world? A first step toward answering this question is the contextualization of law within the broader framework of technical and technological progress. Only by situating law in relation to these accelerating transformations can we identify the regulatory and conceptual needs that must be translated into legal categories, principles, and institutional mechanisms. This contextualization allows us to understand not only how technology reshapes society, but also how law must adapt—proactively and structurally—to ensure that its normative architecture remains capable of guiding, constraining, and shaping the evolving socio‑technical environment.
Artificial Intelligence; technological progress; Digitalization
Copyright (c) 2025 Cristian NEACȘIU (Translator) https://creativecommons.org/licenses/by-nc/4.0
Artificial Intelligence and Legal Liability: between Innovation and Regulation
The accelerated development of artificial intelligence (AI) raises unprecedented legal challenges, regarding the attribution of liability for damages caused by autonomous systems. The article analyses the main types of liability associated with AI, the difficulties related to algorithmic opacity and the possible regulatory models adopted or proposed at European and international level. Mechanisms such as strict liability, shared liability and the new regulatory frameworks established by the AI Act are assessed. The main conclusion is that the law must adapt its classic instruments to respond to new technological risks, without hampering innovation.
artificial intelligence; legal liability; AI Act; technological autonomy; regulation; algorithms
Copyright (c) 2025 Loredana-Adelina PĂDURE (Author) https://creativecommons.org/licenses/by-nc/4.0
Law and Digitalization – between Present and Future
Law and digitalization in the contemporary era are between reality and expectation, expectation being based on certain probabilities in which we do not have the certainty of their realization. Humanity has always had the hope of realizing a better life in the future. What does the digitalization of legal life and specific legal activities have in store for us in the future?
Law; Digitalization; Legal system; Evolution of the legal system; Today's man and the man of the future; Digitalization and the evolution of human thought
Copyright (c) 2025 Iosif FRIEDMANN - NICOLESCU (Author) https://creativecommons.org/licenses/by-nc/4.0
The Role of Lawyers in Preventing the Criminal Phenomenon in the Age of Digitalization
The security and integrity of computer systems and data has become an obvious reality both locally, nationally and internationally, and its prevention and combating, a permanent concern and even a priority for public authorities and specialists in the field. In this regard, the development of technology has led, on the one hand, to increased benefits for everyone, but on the other hand, to increased dangers and fears. Currently, there is more and more talk about the new information order, the information war. If the third world war – the cold war – was won by whoever had more money and more weapons, this war, once ended, was replaced by an economic one that is actually fought between civilizations; agricultural and industrial civilization, on the one hand, information civilization, on the other. In the context of accelerated digitalization, the criminal phenomenon in the field of information represents a major challenge for the national and international legal order. Preventing these crimes involves not only identifying the causes and contributing factors, but also adopting effective measures to limit the risks. Lawyers have an essential role in this process, by developing preventive strategies, clarifying criminal liability and guiding jurisprudence in relation to new forms of cybercrime.
criminal phenomenon; age of digitalization; criminal liability
Copyright (c) 2025 Ion Ovidiu TATU (Author) https://creativecommons.org/licenses/by-nc/4.0
Specialized literature has proposed multiple categories of the object of an infraction (general, generic, specific, direct, judicial, material), but these are considered artificial and unnecessary. The author argues that the essential concept is the general notion of the object of an infraction, defined as the social relation protected by criminal law and violated by the infraction.” Based on this general notion, for each specific infraction, the social relation that constitutes its object must be clearly identified.
Object of infraction; Social relation; Criminal law; Legal theory
Copyright (c) 2025 Ion IFRIM (Author) https://creativecommons.org/licenses/by-nc/4.0
The Role of the ANP in International Cooperation in Criminal Matters - The Implementation of the European Arrest Warrant - an Instrument Concerned with the Protection of Fundamental Rights
The idea of consolidating criminal cooperation among EU member states is not new. Although it quickly developed into the necessary and essential corollary of the freedom of movement of citizens (one of the four freedoms enshrined from the beginning of the founding fathers) and the birth of the notion of citizenship (the European yet bound of course by a stated ambition to truly build a political Europe). Member States have already concluded, under the auspices of the Council of Europe, which initiated these instruments, conventions on the right to extraction. However, these proved insufficient in view of the new security requirements of the Union territory and the remarkable progress of European policy. It was therefore vital that the Union share with us the tools to combat cross-border crime. It should be said that the European arrest warrant has replaced the classic system of extraction with a simpler and more efficient mechanism of surrender to people wanted in view of the conduct of criminal investigations and/or executed a few times a month private assurances of liberty. To the extent that the European text serves only as a general framework, the European arrest warrant is not fixed, however, this being modeled by national transposition legislation, but also by the competent judicial authorities responsible for its daily application. This is why it is an excellent indicator of the willingness of states to engage in mutual recognition of judicial decisions in criminal matters.
European arrest warrant; jurisdiction; execution; extradition
Copyright (c) 2025 Patric Daniel GHEBARU (Author) https://creativecommons.org/licenses/by-nc/4.0
Institutional Leadership and the Digital Transformation of Public Administration: A European Model for Increasing Performance and Reducing Administrative Risks
The digital transformation of European public administration represents a major direction of institutional modernization, in which public leadership becomes a determining factor for the success of reforms. The article analyzes the relationship between institutional leadership, good administration and digitalization, through the lens of high-performing European models (Estonia, Denmark, Finland) and the difficulties encountered in states in administrative transition, such as Romania. The study highlights the strategic role of adaptive leadership in overcoming institutional resistance to change, in strengthening digital skills and in integrating the principles of good administration into digital processes. At the same time, the importance of resilience and risk management is analyzed in the context of increasing cyber and technological vulnerabilities specific to modern administration. The main contribution of the paper consists in formulating an integrated model of institutional leadership necessary for the modernization of Romanian public administration, based on interoperability, ethics, accountability and robust digital governance. The central conclusion is that digitalization cannot produce sustainable administrative modernization in the absence of strong, visionary leadership oriented towards performance and institutional resilience.
public leadership; digital transformation; European administration; good administration; risk management; digital governance
Copyright (c) 2025 Cristian DUMITRESCU DUMITRESCU (Author) https://creativecommons.org/licenses/by-nc/4.0
Prisons in the Digital Age: Normality and Risks of Abuse
The digitalization of prison systems and the integration of advanced technologies into the carceral environment—such as video surveillance, biometric sensors, digital platforms for managing daily activities, and online communication tools—are frequently promoted as modern solutions for enhancing safety, administrative efficiency, and institutional transparency. However, their impact on the rights of individuals deprived of liberty remains insufficiently examined, and the potential for abuse cannot be overlooked. This paper explores how technology may contribute to the prevention of degrading treatment—by increasing visibility and traceability of interactions—while simultaneously amplifying risks through excessive surveillance, disproportionate data collection, or opaque use of digital instruments. The study also analyzes the emergence of a possible "digital overseer," an algorithmic regime of control that may consolidate institutional power at the expense of adaptive normality and personal autonomy. It offers a balanced perspective on the opportunities and risks associated with the digitalization of the penitentiary environment, emphasizing the need for strong safeguards, technological transparency, and a robust ethical framework to protect fundamental rights within the contemporary carceral context.
prison digitalization; technological surveillance; algorithmic control
Copyright (c) 2025 Crina-Bianca VEREȘ (Author) https://creativecommons.org/licenses/by-nc/4.0
Minor or Child? A Necessary Legal Distinction
Examining this issue, the present paper aims to provide several conceptual clarifications regarding the notion of child, as regulated in national and international legislation, without, however, attempting to exhaust the subject. In this study, we propose the use of the term child to encompass all stages of age of the human individual in relation to his or her parents. Regardless of age, each of us remains the “child” of our parents. Evidence of this idea is also reflected in a traditional saying: you remain a child until your parents pass away.
Copyright (c) 2025 Cătălina – Sorina ENE (Author) https://creativecommons.org/licenses/by-nc/4.0
Theoretical and Practical Explanations Regarding Special Surveillance Methods
The use of special methods of surveillance and search does not represent a social novelty, bearing in mind the fact that both technology and crime have prolonged existence. In addition, it is worth mentioning the fact that the dynamics of the regulations of this institution had two premises: the first of these was represented, as usual, by the ratification of the Convention for the Protection of Human Rights and the other fundamentals, which both premises have been that of constant technological evolution. In connection with the latter aspect, implicitly, the doctrine has held that “the technical means of surveillance will always be one step ahead of the legislation’’. From the perspective of the analysis of existence and the need to implement the legislation, we can easily conclude that these methods and techniques present a very intrusive character.
technical environment; protection of rights; evolution; crime; surveillance
Copyright (c) 2025 Denisa BARBU (Author) https://creativecommons.org/licenses/by-nc/4.0
Criminalistic Tactical Rules Regarding the Conduct of Forensic Expertise
Judicial investigations are conducted to uncover the truth in criminal cases, and most often the knowledge of experts is required. In this context, forensic expertise represents a means of achieving criminal identification. Forensic expertise is an activity of scientific research of traces and material evidence in order to identify persons, animals, objects, substances, or phenomena, and to determine certain properties or changes that have occurred in their content, form, and appearance.
judicial investigations; criminal cases; forensic expertise
Copyright (c) 2025 Viorel VASILE VASILE (Author) https://creativecommons.org/licenses/by-nc/4.0
Some Considerations regarding the Reform of the Judicial System and Justice in Romania, with Special regard to the Unconstitutionality of the Status of Military Magistrates
Humanity is now facing a global crisis. Perhaps the greatest crisis of our generation. The decisions that people and governments will make in the next period of time will probably shape the world of the coming years. They will shape not only our judicial system, but also our military justice. They are rapidly advancing historical processes. In this study I will make a brief historical foray, intended to capture the evolution of military justice and the state of military magistrates, from the regulations of traditional law to their enshrinement in contemporary legislation, after which the sphere of interest will descend on the current legal norms, contained in the legislation of the field, highlighting the way in which they configure the law of this status, but also with proposals de lege ferenda. I will probably be criticized, cursed and judged for this article. Without claiming to exhaust all the arguments for and against regarding the prospects of military justice in Romania, we will try to evoke, far from any interest or political dispute, using only the tools of the researcher, since "the teacher must weigh all the words he pronounces and prove everything he asserts", a path, but also a possible future trajectory.
global crisis; military magistrates; military justice
Copyright (c) 2025 Valentin - Stelian BĂDESCU BĂDESCU (Author) https://creativecommons.org/licenses/by-nc/4.0
Procedural Aspects Concerning Digital Private Copying in the Field of Copyright and Related Rights
In this study are presented defining elements of the private copy, regulated by the Directive of the European Parliament and of the Council - Directive no.29/CE/2001regarding the collective management of copyright and related rights in the private copy domain and by the Romanian Copyright Law no.8/1996.
copyright; private copy; exclusive competencies
Copyright (c) 2025 Mircea Felix Melinești IONESCU (Author) https://creativecommons.org/licenses/by-nc/4.0
The Impact of Digitalization in the Field of Ensuring the Rights of Persons Deprived of Liberty
The criminal executive field implies clear rules regarding the entire activities undertaken to ensure the rights of persons deprived of liberty, and correlatively, to fulfill the obligations provided by law, so that the functionality of the system has consistency and legislative recognition both at national and international level. The mechanisms implemented are mainly document-based, physical presence, direct networking and measures accordingly. The digital part is an effective tool, but not absolute. The technique does not replace human presence, but facilitates the operability of the realization of the prerogatives established for the exercise of the rights of direct networking. The article will highlight ways of interfering with digitalization in relation to the effective enforcement of the rights of the carceral population, the advantages, disadvantages, limits of applicability, as well as recommendations for the future development of viable mechanisms of cohesion between artificial intelligence and the field of ensuring the rights of these categories of people in line with societal challenges and the protection of the confidentiality of personal data.
direct networking; direct networking; direct networking; artificial intelligence
Copyright (c) 2025 Elena Casandra NIȚULESCU (Author) https://creativecommons.org/licenses/by-nc/4.0
Forensic Psychiatric Examination of Minors in the Context of the Debate on Lowering the Age of Criminal Responsibility
This paper aims to analyze the legal framework governing forensic psychiatric examinations of minors in Romania, in the context of recent debates concerning the possible reduction of the age of criminal responsibility from 14 to 12 years. The study is conducted in relation to the current legislative approach, according to which minors under the age of 14 do not bear criminal responsibility. The analysis is further developed through a comparative law perspective and by reference to the fundamental principles established in relevant international legal instruments concerning the protection of minors and the administration of juvenile justice.
forensic psychiatric examination; minors; criminal responsibility; juvenile justice; comparative law
Copyright (c) 2025 Corina Andra ULMEANU (Author) https://creativecommons.org/licenses/by-nc/4.0
Principles of Taxation in the Digital Age
In the era of digitalization, law is undergoing significant changes, with new concepts and normative acts becoming necessary to meet the current needs of society. Adapting to new social realities requires the adoption of an up-to-date and effective legal framework. The accelerated digitalization of the economy and public administration has led to profound transformations in the way fiscal rules are designed, applied, and enforced, calling into question the adequacy of traditional principles of taxation. The article “The Principles of Taxation in the Digital Era” examines whether and to what extent the fundamental principles of tax law — legality, certainty of taxation, fiscal equity, neutrality, efficiency, and contributory capacity — are capable of being reinterpreted and adapted in the context of the digital economy.
taxes; fees; principles; taxation; contribution; digitalization
Copyright (c) 2025 Adrian M. TRUICHICI, Luiza NEAGU (Author) https://creativecommons.org/licenses/by-nc/4.0
The Theory of the Juridical Norm - Debatable or Controversial Issues
This paper notes that the current theory of juridical norms is deficient and deeply contradictory, incapable of clarifying the meaning and classification of these norms. She also notes that, in philosophy, there still exists another theory of norms, which appeared centuries ago and is far superior to the current one, by virtue of which it would be possible to convincingly answer all questions concerning juridical norms (obviously, provided that this old theory is properly developed and utilized). To clarify this latter aspect, the paper highlights some important differences between the old and current theory, as well as some conclusions drawn from the old theory, such as the idea that the legal norm has no structure, or that the notions of 'legal norm,' 'legal provision,' and 'rule of law' are distinct, and by no means synonymous.
juridical norm; legal provision; rule of law
Copyright (c) 2025 Mioara- Ketty Guiu (Author) https://creativecommons.org/licenses/by-nc/4.0
Digital Innovation and Efficiency In Public Administration
The evolution of the role and profile of the European civil servant in the era of digitalization is a complex process that requires adaptation to new technologies and changes in the working environment. In the context of digitalization, European civil servants must develop new skills and adjust their working methods to respond to the demands and opportunities offered by technology. In the digital age, public administration could become more efficient, transparent, and citizen-oriented through the adoption of innovative solutions. Digital innovation in the public sector is not merely a trend but a necessity to meet modern requirements and ensure effective governance capable of managing public resources responsibly. Digital transformation enables authorities to reduce bureaucracy, improve access to services, and increase citizen satisfaction.
public administration; civil servant; innovation; digitalization; technology; transformation
Copyright (c) 2024 Cristian Dumitrescu (Author) https://creativecommons.org/licenses/by-nc/4.0
Compensation Funds for Damages Caused by Artificial Intelligence - Legal Approach: between E-Personhood and Financial Solidarity
This paper explores how civil law adapts to the challenges posed by the “black box” nature of artificial intelligence systems, addressing the inherent uncertainties of liability when automated decisions cause harm. The research focuses on the expansion of strict liability through the revision of Directive 85/374/EEC and Proposal COM(2022) 496, which introduce presumptions of causation and transparency obligations for AI operators, without abandoning the legal mechanism of fault-based liability. In contrast, the theoretical concept of the “electronic person” risks, in a potential future scenario, easing the burden of human accountability, while financial solidarity schemes—such as mandatory insurance and compensation funds—could offer concrete protection to injured parties without discouraging innovation. In the Romanian context, the explicit support expressed through Senate Decision No. 166/2022 and the establishment of the Romanian Committee for Artificial Intelligence underscore the need for a hybrid framework that combines procedural adaptations with collective financial instruments to ensure full compensation for damages and a balance between public safety and innovation.
artificial intelligence; civil liability; compensation funds; electronic person; mandatory insurance
Copyright (c) 2024 Oana Florentina Ispas (Author) https://creativecommons.org/licenses/by-nc/4.0
The Dynamics of Matrimonial Co-Management regarding Decision-Making Power and the Protection of Common Property in light of the Civil Code
The analysis of the scope and content of the rights of administration, use, and disposal that spouses exercise over common property remains an essential undertaking in the context of applying the new Civil Code. This necessity arises, on the one hand, from the evolution of the legal regime of the statutory community, which has incorporated and systematized the nuanced solutions developed in prior judicial practice, and, on the other hand, from the interaction of these rules with special legislation. The current legislative framework distinctly regulates acts of preservation and administration as opposed to acts of disposal, imposing clear limits on the exercise of these rights to ensure the protection of family interests.
common property; consent; tacit mandate; presumption; matrimonial property
Copyright (c) 2024 Mihaela Shilbaya Matei (Author) https://creativecommons.org/licenses/by-nc/4.0
Brief Diachronic Analysis of Regulations on External Quality Assessment in Higher Education
The year 2023 was marked by the adoption of Law No. 199/2023 on Higher Education, followed in August of the current year by the publication in the Official Gazette of Romania of Government Decision No. 962/2024 approving the Methodology for the External Evaluation of Quality in Higher Education, which is set to enter into force on February 9, 2025. Both the organic law and the implementing act concerning quality assurance in higher education, while maintaining the general framework established by the now-repealed National Education Law No. 1/2011 and Government Decision No. 1418/2006 approving the Methodology for External Evaluation, Standards, Reference Standards, and the List of Performance Indicators of the Romanian Agency for Quality Assurance in Higher Education (also repealed), have inevitably introduced a series of new provisions regarding specific procedures. In this study, we focus on those legal norms we consider essential, capable of generating significant changes in the activity concerned, both at the institutional level and in relation to external quality evaluation. In any case, we can conclude that the new regulations clarify several essential aspects for ensuring quality in higher education.
higher education; quality evaluation; procedures
Copyright (c) 2024 Mara Ioan (Author) https://creativecommons.org/licenses/by-nc/4.0
Status Libertatis in Criminal Proceedings: The Legitimate Limits of Restricting Individual Liberty
This paper examines the guarantees of personal liberty within the framework of contemporary criminal law and criminal procedure. It approaches the concept of liberty from a legal perspective, emphasizing its role as a fundamental social value protected by constitutional and procedural safeguards. The study highlights the relationship between individual rights and the general interests of society, focusing on the balance that must be maintained in a democratic legal system. Particular attention is given to procedural guarantees such as the legality of deprivation of liberty, judicial control over preventive measures, and the right to remedies in cases of unlawful detention. The paper concludes that the effective protection of personal liberty depends on the coherence between legal norms, institutional practices, and respect for fundamental rights.
personal liberty; criminal law; criminal procedure; legality; procedural safeguards
Copyright (c) 2024 Ion Ovidiu Tatu (Author) https://creativecommons.org/licenses/by-nc/4.0
The Relationship between Disciplinary Law and Criminal Law: between Illicit and Illegal
This paper examines the relationship between disciplinary law and criminal law, starting from the conceptual distinction between the notions of illicit and illegal conduct. It highlights the differences in structure, foundation, and function between these two forms of legal liability, as well as the specific nature of the norms governing them. The study emphasizes the general and strictly defined character of criminal law norms, as opposed to the flexibility and broader scope of disciplinary norms. It also analyzes the relationship between incrimination and illicit conduct, pointing out the existence of distinct forms of incrimination in the two fields. Finally, the paper demonstrates that, although disciplinary law and criminal law are autonomous domains, they converge toward a common fundamental goal: the protection of social order and the proper functioning of the state.
disciplinary law; criminal law; illicit; illegality; incrimination
Copyright (c) 2024 Corina Andra Ulmeanu (Author) https://creativecommons.org/licenses/by-nc/4.0
Clarifying the Concept of Fault and its Legal Implications in the Contemporary Normative Framework
The first part of the article defines the notion of criminal negligence (fault): an act is considered committed with fault when the perpetrator foresees the result of their conduct but does not accept it, wrongly assuming that it will not occur (negligence with foresight), as well as when the perpetrator does not foresee the result, although they should and could have foreseen it (simple negligence). Subsequently, the author analyzes the two fundamental forms of criminal negligence, namely imprudence and negligence, presenting the criteria used to distinguish between the modalities.
criminal negligence; fault (mens rea); negligence with foresight; imprudence
Copyright (c) 2024 Cătălina-Sorina Ene (Author) https://creativecommons.org/licenses/by-nc/4.0
Perspectives and Benefits of Modernizing the National Legal System through Digitalization
This article examines the impact of digitalization on the legal profession, focusing on major transformations within the judicial system. Key technological innovations are explored, including the implementation of electronic case files, the use of email for procedural document communication, conducting hearings via videoconferencing, and other digital solutions. These changes have brought significant benefits, such as increased accessibility, cost reduction, and time savings, but have also posed challenges related to system standardization, attorney-client confidentiality, and ensuring effective communication. The article concludes by emphasizing the importance of lawyers adapting to new technologies, arguing that the future of the legal profession lies in a synergy between artificial and human intelligence, fostering a more efficient and accessible judicial system.
electronic file; video conferencing; digitalization process
Copyright (c) 2024 Bogdan Marin Giurca (Author) https://creativecommons.org/licenses/by-nc/4.0
The Evolution of the Judge's Intimate Conviction from Subjective Assessment towards the Evidentiary Standard
This article analyzes the metamorphosis of the judge's intimate conviction (intime conviction), tracing the transition from a paradigm influenced by subjective and ideological factors toward a rigorous evidentiary standard grounded in legality and loyalty. The study explores how the magistrate's legal conscience has detached itself from social class determinisms to become a guarantor of the rule of law, operating within a procedural framework defined by Article 101 of the Criminal Procedure Code and the principle of establishing judicial truth. By examining the limits of the court's active role and the categorical prohibition of unfair evidence-gathering methods, the research demonstrates that modern justice replaces arbitrary intuition with certainty derived from the corroboration of pertinent evidence. The central conclusion emphasizes that reaching the evidentiary standard of “beyond a reasonable doubt” represents the only legitimate way today to transform a judge's inner certainty into a valid judgment, thereby ensuring the necessary balance between judicial efficiency and the protection of fundamental rights.
intimate conviction; loyalty of evidence; active role; judicial truth; standard of proof; procedural guarantees
Copyright (c) 2024 Ion Ifrim (Author) https://creativecommons.org/licenses/by-nc/4.0
Opinions On The Value Of Dimitrie Cantemir's Work, "The amazing revolutions of God's righteous vengeance on the family of Brâncoveanu and the Cantacuzines famous in Wallachia (Muntenia)".
350 years after the birth of the great scholar and 300 years after his death, we want to outline the work of Dimitrie Cantemir, establishing the "Cultural Year of Dimitrie Cantemir". To honor Dimitrie Cantemir is to evoke the multitude of plans on which the ruler of Moldavia (on two occasions: March-April 1693 and 1710-1711) illustrated himself, revealing to universal civilization the power of Romanian spirituality. It created the possibility to respond, through a broad presentation of the work and personality of Dimitrie Cantemir, to the deep interest not only of the Romanian people for one of the most renowned figures of national history.
Dimitrie Cantemir; 350 years after the birth; 300 years after his death
Copyright (c) 2023 Ion Ovidiu TATU (Author) https://creativecommons.org/licenses/by-nc/4.0