PRELIMINARY HEARING: A STAGE IN THE CRIMINAL PROCESS, BETWEEN PRAISE AND CRITICISM Cover Image

CAMERA PRELIMINARĂ - FAZĂ A PROCESULUI PENAL, ÎNTRE APRECIERI ȘI CRITICI
PRELIMINARY HEARING: A STAGE IN THE CRIMINAL PROCESS, BETWEEN PRAISE AND CRITICISM

Author(s): Cristiana Fumureanu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: preliminary chamber; historical evolution; preliminary measures; procedure and rulings;

Summary/Abstract: The preliminary chamber is a distinct stage of the Romanian criminal process, situated between the criminal investigation phase and the trial phase, with the role of ensuring the legality of the referral to court, the administration of evidence, and the conduct of criminal investigation proceedings. Through this procedure, the preliminary chamber judge exercises judicial oversight over the referral to trial, contributing to the preparation of the case for the trial stage and ensuring respect for the procedural rights of the parties. The evolution of this institution highlights the existence of similar mechanisms in previous criminal procedural legislation, as well as influences drawn from comparative criminal procedural law. The preliminary chamber procedure includes preliminary measures, the possibility of filing motions and objections regarding irregularities in the indictment or the legality of evidence, as well as the issuance of specific rulings by the preliminary chamber judge. Through its purpose, this procedural stage contributes to ensuring the legality of the criminal process, streamlining judicial activity, and strengthening procedural safeguards prior to the commencement of the trial itself

  • Issue Year: 2025
  • Issue No: 3
  • Page Range: 81-94
  • Page Count: 14
  • Language: English, Romanian
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