Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

Abstract

If one were to define the penal procedure, one could say that it consists of all rules relating to the discovery of an offense, its prosecution and reckoning. These rules are scattered in sources written in French law. It may be from national or international sources. Our prosecuting authorities are facing a dilemma: on one hand, it is logical to allow them to do their utmost to find the guilty of an offense; on the other hand, the public and individual freedoms must be preserved at all costs. A balance must be found.