THE JUDICIAL DECISION IN CRIMINAL PROCEEDINGS – COMPLEX PROCEDURAL AND PROCESSUAL ACT AND GUARANTEE OF A FAIR TRIAL
THE JUDICIAL DECISION IN CRIMINAL PROCEEDINGS – COMPLEX PROCEDURAL AND PROCESSUAL ACT AND GUARANTEE OF A FAIR TRIAL

Summary/Abstract: The judgement is the most complex substantive and procedural act in Romanian criminal proceedings; it is regulated by the Criminal Procedure Code and also by the secondary legislation. Moreover, the judgement is an act of legal culture that illustrates, on the one hand, how the criminal proceedings have been carried out during the criminal investigation, the preliminary chamber, in the first instance and the appeal. On the other hand, the arguments presented, the ability of the drafters to review and summarise, the legal language, and the references to national and European case law are able to highlight, both to the parties and to society, the interpretation and the application of the law, specifically of those relevant provisions, by reference to the evidence presented, thus enabling awareness of violations, the rehabilitation of perpetrators, and ensuring the protection of society.

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