Appeal for Annulment. Resolutions of some Legal Issues of the High Court of Cassation and Justice and Constitutional Issues Cover Image

Contestația în anulare. Dezlegări ale unor chestiuni de drept și probleme de constituționalitate
Appeal for Annulment. Resolutions of some Legal Issues of the High Court of Cassation and Justice and Constitutional Issues

Author(s): Versavia Brutaru
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law
Published by: Editura Academiei Române
Keywords: motion for new trial; an appeal for the retraction; constitutional issues;

Summary/Abstract: The constraint of the individual through the law thus represented his compromise with the society in which he lives, through the hierarchy of wills, so that the collective will is superordinated to the individual will. The criminal procedural law or the criminal procedure deals with the subjects and the acts of the criminal trial as well as with the forms in which they are fulfilled. The name of the criminal proceedings corresponds to the content of its function. It contains the rules of procedure for the application of the rules of criminal law, and the word procedure, which derives from the Latin pro and cede - to go forward, indicates an activity that must be carried out for the application of the rules of substantive criminal law. The motion for new trial represents in the light of the in force Romanian Code of Criminal Procedure (art. 426-432 Criminal procedure Code) an appeal for the retraction of the final criminal decision, thereby the annulment of the final criminal decision pronounced by the Court in violation of the law, for the purpose of removing procedural errors in connection with the exercise of the procedural rights of the injured party or of the injured party or of those relating to the court.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 217-232
  • Page Count: 16
  • Language: Romanian