Evidence and the Object of Probatorium in Criminal Cases: Features, Particularities and Regulation


  • Jitariuc VITALIE PhD, Lecturer, Dean of Faculty of Law and Public Administration, Cahul State University “Bogdan Petriceicu Hasdeu”, Republic of Moldova
  • Nicoleta-Elena HEGHEȘ Researcher 2nd Degree, “Andrei Rădulescu” Legal Research Institute of Romanian Academy, Bucharest, Romania, nicoleta.heghes@icj.ro; Professor, PhD, “Dimitrie Cantemir” Christian University of Bucharest, Romania


A necessary condition for the administration of justice in criminal cases is the appropriate establishment of the circumstances of the crime and the correspondence of the conclusions of the criminal investigation body regarding the circumstances of the cause of the existing factual situation. The achievement of this objective is ensured due to the presence of a universal connection between the phenomena of the reality that surrounds us. The crime, representing such a phenomenon, has, in turn, a certain connection with various facts and events. Some of them determine the commission of the crime, while others appear or change due to the commission of the criminal act. All these facts, reflected in the environment, leave certain traces. These, in turn, represent the information that gives the criminal investigation body the opportunity to restore the picture of the crime and identify the perpetrator. KEYWORDS: evidence, probatorium, evidentiary procedures, criminal case, investigating body, court, main fact, probatorium fact, auxiliary fact, intermediate fact, means of evidence, criminal trial, elements of fact