THE JUDGE’S INTERVENTION IN THE TRIAL: BALANCE BETWEEN IMPARTIALITY AND INVOLVEMENT

Abstract

This article examines the delicate balance between a judge’s duty to actively discover the truth and the fundamental requirement of judicial impartiality. Comparing criminal and civil proceedings, the author analyzes how the Romanian “mixed” judicial model integrates adversarial and inquisitorial elements, contrasting the principle of officiality with that of party disposition. By exploring the boundaries of legal reclassification and the limits of judicial intervention, the study offers critical insights into preventing judicial errors while ensuring a fair and lawful resolution for all parties involved.