INFRACȚIUNEA DE AUDIENȚĂ: DE LA PERSPECTIVA DIACRONICĂ SPRE CONSOLIDAREA PROCEDURII

The author aims to present a historical perspective by connecting to the current juridical
perspective, addressing and making an exegesis of one of the institutions which are convergent to
the two essential procedural codifications, namely the Civil Procedure Code and the Criminal
Procedure Code, but rather incompletely regulated by the legislator, namely the offence of hearing.
Emphasizing the fact that in neither of the two Procedure Codes the notion of the offence of hearing
is not expressely and categorically defined, the legislator has conceptualized the procedure which is
going to be followed by the judge insofar as he directly finds, through his own senses, such an
offence/deed provided by the criminal law, the two procedures presenting similarities, but also
differences, some of them being non-resilient to scientific criticism, as we will try to demonstrate this
conclusion in the content of the material, in which there have been inserted de lege ferenda
proposals as well.