Legea și Viața (Mar 2024)
ARGUMENTATION OF PROCEDURAL DOCUMENTS WITHIN THE FRAMEWORK OF THE CRIMINAL PROSECUTION
Abstract
This article is dedicated to the analysis of the role and importance of the argument of procedural acts in criminal proceedings. The article highlights the importance of persuasive argumentation and motivation of procedural acts in each phase of the criminal proceedings. Argumentation is seen as a prerequisite for a fair and legal trial and therefore contributes to the transparency of justice. Any procedural act issued in the course of criminal proceedings in each particular case should be a logically and structurally sound act containing a full analysis of the legal position of the person issuing it as well as an assessment of the existing evidence. Therefore, the reasoning, in itself, contributes to the validation of any act issued in the framework of the criminal proceedings considered as a whole.
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