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The confession in the Romanian civil proceedings

How can the notion of "confession" be explained and what is the Romanian law governing this type of evidence in civil proceedings?

The confession, as a means of evidence in the Romanian civil proceedings, is governed by the provisions of the Civil Procedure Code, in art. 348 - 350. According to art. 348 par. (1), the notion of confession refers to the recognition, by one of the parties, on their own initiative or under the interrogation procedure, of a fact on which the opposing party bases their claim or, if necessary, their defense.

The confession is not the same as the testimony of a witness because while the confession comes from one of the parties in the trial, whether if it’s the defendant, the complainand or an intervening third party, the testimony belongs to the witness, who is not a party.

Usually, the confession is admissible in civil proceedings as long as the party in question refers to rights that they may order.

Are there more tupes of confession? If so, what types of confession are governed by the Code of Civil Procedure?

According to art. 348 par. (2), a confession can be either judicial or extrajudicial. Judicial confessions take place during the proceedings in which they are heard, while the extrajudicial confession, as the name suggests, is made outside of the civil proceedings.

What are the legal effects of the judicial confession in a Romanian civil trial?

Judicial confessions make full proof against the person who made them, either personally or by a representative with special proxy.

A confession that is made in the trial in which it is heard can not be divided against the author for other cases other than in those where the confession contains distinct facts contain and which are unrelated to each other. Moreover, the judicial confession can neither be revoked, unless it is proved that it was the result of an excusable factual error.

However, the judicial confession will have no effect if it was made by a person who is lacking discernment or if the confession leads to the loss of a right which the person who made the confession can’t order.

How can the notion of extrajudicial confession be explained in accordance with the legislation on the matter?

According to art. 350 of the Code of Civil Procedure, an extrajudicial confession is made outside of the proceedings and is actually a fact subject to the review of the court, in accordance with the general rules of probation.

What’s more, a verbal extrajudicial confession can not be invoked in cases where the witness testimony is not allowed.

If you wish to obtain more information regarding the confession and its effects according to the Romanian legislation on this matter, do not hesitate to contact one of the lawyers specialized in civil law from the law firm Darie, Manea & associates. Our lawyers are committed to meeting our customers' needs, providing optimum solutions for civil law issues and not only, offering legal advice based on the latest changes in legislation, as well as  representation before the competent authorities, when necessary.

 

 

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