Hearing – Evidentiary Procedure for Administering Statements in Court

Abstract

This article examines the hearing as a fundamental evidentiary procedure in the judicial investigation, analyzing the particularities that differentiate it from the hearing conducted during the criminal investigation phase. The specific features of the judicial hearing are identified and analyzed - publicity, short duration, distance in time from the criminal fact, lack of spontaneity and the nature of verification and persuasion - in relation to the hearing during the criminal investigation. The study highlights that the hearing in the court session takes place in a distinct procedural framework, marked by the presence of a wide circle of participants, officiality and adversarial nature, which generates both specific difficulties and comparative advantages compared to the criminal investigation phase. The conclusions of the study reveal that the efficiency of the judicial hearing depends both on compliance with procedural rules and on the judicious application of tactical procedures, designed to ensure the obtaining of authentic and complete information, necessary for establishing the judicial truth. The study concludes with a series of conclusions from which it emerges that the hearing in the court session constitutes one of the most important procedural activities through which the evidence necessary for the resolution of the criminal case is administered, verified and completed. Its efficiency is determined by the observance of procedural rules, the active and objective character of the one who carries it out, as well as the application of tactical procedures appropriate to the specific circumstances of the case. By obtaining complete, truthful and relevant statements, the hearing contributes decisively to establishing the judicial truth, to guaranteeing the rights of the participants in the trial and to pronouncing a legal and thorough solution.

Received: 28 February 2026  │  Accepted: 4 June 2026  │  Published: 23 July 2026