SOME CONSIDERATIONS IN CONNECTION WITH THE DISJUNCTIONOF CASES BY THE PRELIMINARY CHAMBER JUDGE
SOME CONSIDERATIONS IN CONNECTION WITH THE DISJUNCTIONOF CASES BY THE PRELIMINARY CHAMBER JUDGE
Author(s): Remus IonescuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: judicial bodies; competence; reunion; disjunction; conclusion; court; preliminary chamber judge;
Summary/Abstract: In the preliminary chamber procedure, the provisions of art. 46 para. (1) C.pr.pen., regarding the disjunction of cases. The role of the preliminary chamber procedure is not to censor the prosecutor's option regarding the ,,ergonomics of the criminal investigation”. Insofar as he considers that it is necessary to follow in that case all the facts and perpetrators, and notify the court with all the criminal activity, the judge of the preliminary chamber cannot censor this exclusive attribution of the prosecutor, not being able to order the separation of the case.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XV/2021
- Issue No: XV
- Page Range: 85-88
- Page Count: 4
- Language: English