CAMERA PRELIMINARĂ: UNELE IMPLICAŢII ALE REGLEMENTĂRII ACESTEI FAZE A PROCESULUI PENAL ÎN PRACTICA JUDICIARĂ
PRE-TRIAL CHAMBER: SOME IMPLICATIONS OF THE REGULATION OF THIS PHASE OF THE CRIMINAL PROCESS IN JUDICIAL PRACTICE

Summary/Abstract: procedure of the pre-trial chamber is regulated in the provisions of Articles 342-348 of the Code of Criminal Procedure and represents the second phase of the criminal trial, after the criminal investigation. The purpose of this procedure is to verify the competence and legality of the referral to the court, as well as to verify the legality of the taking of evidence and the performance of criminal prosecution acts, after the prosecutor has ordered the indictment. As far as we are concerned, we intend that, following highlighting the object and features of the institutions of the pre-trial chamber and the judge of the pre-trial chamber, we should reveal some aspects of judicial practice that have remained topical, related to the application of the provisions regarding the procedure of the pre-trial chamber, which have given rise to discussions and analyses both in doctrine and in judicial practice, related to ensuring a legal framework that respects the principles of criminal procedure (legality, ensuring the conduct of a fair trial, equality of arms) and the trial phase (orality, immediacy, adversarial proceedings), as well as highlighting the importance of ensuring a standard of evidence administered during the preliminary chamber procedure, a standard whose assessment is related to the specifics of this phase of the criminal trial.

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