PROCEDURAL SANCTIONS IN CRIMINAL PROCEEDINGS – A COMPARATIVE ANALYSIS WITH THE SANCTION OF NULLITY
PROCEDURAL SANCTIONS IN CRIMINAL PROCEEDINGS – A COMPARATIVE ANALYSIS WITH THE SANCTION OF NULLITY
Author(s): Cynthia Mihăilă-IlașcSubject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, EU-Legislation, Sociology of Law, Court case
Published by: Editura Arhipelag XXI
Keywords: Criminal procedure; procedural sanctions; nullity; exclusion of evidence; inadmissibility;
Summary/Abstract: This paper examines the main procedural sanctions applicable in Romanian criminal proceedings through a comparative analysis centered on the institution of nullity. Besides nullity, the study analyzes other procedural sanctions such as inexistence, forfeiture, inadmissibility, judicial fines, exclusion of evidence and the prosecutor's power to invalidate procedural acts. The paper highlights the legal nature, conditions of application and effects of each sanction, emphasizing both doctrinal approaches and recent developments in constitutional and judicial case law. The comparative perspective allows for a better understanding of the role played by procedural sanctions in ensuring legality, procedural discipline and the protection of fundamental rights within criminal proceedings.
Journal: Journal of Romanian Literary Studies
- Issue Year: 2026
- Issue No: 45
- Page Range: 1295-1302
- Page Count: 8
- Language: Romanian
