Judicial control of prejudiciar procedure and criminal probation: problems and solutions Cover Image

Controlul judiciar al procedurii prejudiciare și probatoriul penal: probleme și soluții
Judicial control of prejudiciar procedure and criminal probation: problems and solutions

Author(s): Sanda TONCU, Ion TALPĂ
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: criminal trial; judicial review; pretrial procedure; criminal evidence; evidentiary procedures;

Summary/Abstract: In the system of state organs, the judiciary is independent and self-sufficient by virtue of its status, competence and authority. Namely, it must guarantee the provision of the constitutional rights and freedoms of the person, mainly in criminal trials. Consolidation of the rule of law requires the presence of an effective mechanism for the defense of human rights and freedoms in all areas. Or, the justification of the thesis that the rights and freedoms of the person, as well as their guarantee, determine the content and specifics of the state's activity, together with their defense and protection, the judgment defends and protects both the state and society. In this study, we analyze multiple theoretical provisions of the judicial control of the prejudicial procedure and its connection with the criminal evidence. Also, special emphasis is placed on the fact that the investigating judge is a subject of the criminal evidence, having a specific active role in examining and assessing the circumstances of the crimes committed.

  • Issue Year: 12/2023
  • Issue No: 2
  • Page Range: 471-489
  • Page Count: 19
  • Language: English, Romanian