Abstract
Achieving the functions of criminal procedure involves elements of forensic science used to fulfill the overall purpose of criminal proceedings. The function of accusation has a set of particularities and for this reason the approach taken is a key factor in achieving justice in criminal matters both from the judicial authorities and the defendant's perspectives. The legal mechanisms provided by the justice system must ensure equilibrium between accusation, defence and judgment. The current article focuses on the particular features of the function of accusation during the criminal proceedings as well as on the manner of its being exertion by means of forensic science. In the activity of reaching the proposed objectives, an in-depth research methodology has been used consisting of qualitative methods including case study presentations and conclusions obtained through analyzing jurisprudence in case law decisions pronounced by the courts of law in criminal matters. In this context, the forensic science is one that offers entire legal means and mechanisms in order for the judicial bodies to achieve the purpose of criminal proceedings and exercising the function of accusation implicitly.
Highlights
The current paper presents the second of a series of three studies which together form a research project on the functions of criminal proceedings
The function of accusation has a set of particularities and for this reason the approach taken is a key factor in achieving justice in criminal matters both from the judicial authorities and the defendant’s perspectives
The current paper focuses on the function of accusation as well as on its exercising by legal means provided in the field of forensic science during the criminal proceedings[5], under the principle of official character of criminal proceedings, stated at Article 7 of Code of penal procedure of Romania[6], corroborated with Article and Article thereof
Summary
The current paper presents the second of a series of three studies which together form a research project on the functions of criminal proceedings. It is focused on the function of accusation and its exercise by means of forensic science. The classic tripartite separation of the functions of criminal procedure of accusation, defence, and judgement has featured the criminal proceedings of Romania from centuries and is still a modern one. It is the result of dialectical harmonization of traditional judicial principles with European ones in the field of criminal proceedings, taken into account after Romania became a Member State of the European Union on the 1st of January 2007
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