TRIAL INCIDENTS REGARDING THE ADMISSIBILITY OF ELECTRONIC EVIDENCE

George Măgureanu ()
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George Măgureanu: The Faculty of law, within The Romanian-American University, Romania

Journal of Information Systems & Operations Management, 2012, vol. 6, issue 1, 74-86

Abstract: The general objective of this paper is a topic of present interest, taking into consideration the need to use the evidence in civil and criminal national and international lawsuits, if electronic means are used, because they are more reliable in comparison to the traditional procedures. The culpability or non culpability of a person or the existence or not of a subjective right, cannot be established, without our relying on verdicts according to the evidence and the means of evidence, otherwise the risk to make frauds, to give wrong verdicts, that infringe the rights and liberties of the person become very high. According to a documentary research, this paper identifies methods and means to eliminate the incidents that appear while administering and giving the evidence according to electronic means, that can be easily altered. Presenting the conclusions we have reached after our research, we believe we identified efficient means to apply to a greater extent the national legal provisions and the European directives, to harmonise the national legislation with the European Union legislation, which contribute to the protection and obedience of the human rights, in the investigated cases, while the electronic evidence is given.

Keywords: electronic means; means of evidence; writs; electronic writs; procedure of falsity; verification of writs (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:rau:jisomg:v:6:y:2012:i:1:p:74-86

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