Compliance with the principle of equal finding the truth in criminal proceedings – "sine qua non" principle


  • Carmen Silvia Paraschiv Titu Maiorescu University, Bucharest Law School



criminal process, fundamental principle, finding out the truth, evidence, judicial bodies.


Criminal procedural law includes a series of fundamental and specific principles and strict rules according to which the judicial bodies have the obligation to find out the truth in the criminal process.

Finding the truth is subject to the collection of evidence related to the facts and circumstances of the case, the suspect, the defendant, as well as the other parties and the injured person.

In order to fulfill this principle, it is necessary to comply equally with other basic rules embodied in the presumption of innocence, the right to defense, respect for human dignity, in fact all the rules that govern the conduct of the criminal process.

Searching, discovering and finding out the truth are, in essence, the elements of a knowledge process. We can conclude, therefore, that any criminal trial fundamentally represents an extensive process of knowledge.


P. Buneci, Criminal procedural law. General part, Ed. Universitara, Bucharest, 2008, page 40, with reference to V. Dongoroz (coord). Theoretical explanations of the Romanian Criminal Procedure Code, General Part, vol I, Romanian Academy Ed., Bucharest, 1975;

Anastasiu Crisu, Criminal procedural law - General part - 4th edition, revised and added, Ed. Hamangiu, 2020;

Chigheci C - in the Criminal Procedure Code - commented - 3rd Ed., revised and added - Hamangiu Publishing House 2017;

Teodor Viorel Gheorghe, Finding the truth, fundamental principle of the criminal process - Ed. Hamangiu, 2021, Foreword;

N. Volonciu, Treatise on criminal procedure, General part, Vol. 1, ed. a-IIa, Ed. Paideia, Bucharest, 1996.




How to Cite

Paraschiv, C. S. . (2023). Compliance with the principle of equal finding the truth in criminal proceedings – "sine qua non" principle. International Journal of Legal and Social Order, 3(1).