Making Decision in Criminal Proceedings within a General Theory of Forensic Science in Romania

Abstract

The judicial process of making decision in criminal cases is, generally speaking, increasingly analysed within a complex framework, one of these being harmonized with principles, and concepts organized along with the forensic activities of investigation. To this regard, the Romanian judicial activity in criminal cases is not away from these values of respecting standards in criminal proceedings. This situation is particularly viewed during the judgment phase of criminal proceedings at the stage of making decision. Taking into consideration all these aspects, the current paper is focused on the best practices of the activity of decision making in criminal cases in Romania, particular attention being paid to the forensic science and the way in which it influences the process of achieving decision in the framework of administering and assessing evidence based on forensic activity of investigation. An in-depth analysis of both the doctrine trends and the case-law presentation on the topic of decision making in criminal proceedings within the forensic framework in Romania will be presented, as well as the case-law remarks and comments of this topic. The idea of this paper was conducted by the fact that several criminal cases are usually solved by taking into account the involvement of forensic investigation records of gathering evidence which help judicial bodies in making decision in criminal proceedings.