PARTICULARITĂȚILE OBIECTULUI PROBAȚIUNII ÎN CALEA DE ATAC A APELULUI FORMULAT ÎNTR-O CAUZĂ PENALĂ

The study addresses issues specific to the object of probation in appeal and emphasizes that,
naturally, the object of the probation in appeal specializes as a result of the concrete manner in which
there will operate the devolution determined by the holder of the legal remedy and the reasons on
which it is based. At the same time, it is shown that formulating an request for evidence with a clear
and concrete indication of the evidentiary thesis covered by each requested evidence is very
important because only in this way it can be really made an assessment on the usefulness and on
the relevance of that evidence. The author also emphasizes another reason why the indication of the
evidentiary thesis is important, meaning that in its absence or in the case of indicating some generic
theses the assessment on the legality of the evidence can be impeded and it is analyzed the
situation of being requested to be heard as witnesses persons that are under the incidence of some
legal norms that require them to maintain professional secrecy, such as magistrates or lawyers. All
these arguments lead to the conclusion that a request for evidence made in appeal that hasn’t got
concrete evidentiary theses indicated regarding each piece of evidence requested does not allow the
assessment on the usefulness of the evidence by reference to the specialization of the object of
probation at this phase of the criminal trial and, consequently, it should be dismissed by the court
invested with the examination of the case.