The Criminal Proceedings. Cover Image

Acţiunea penală. Noţiune, obiect, subiecţi şi trăsături
The Criminal Proceedings.

Author(s): Marius Ciprian Bogea
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: Criminal action; Object; Legal basis; Prosecutor; Accused; Punishment

Summary/Abstract: Assessed as being one of the fundamental institutions of the Romanian criminal law, criminal proceedings are put in motion and are pursued throughout the whole trial, constituting the legal instrument through which the person blamed of committing an offence is brought before the Court to answer for the violations of the criminal law that he is guilty of. From this point of view it can be asserted, without fail, that the criminal proceedings determine the commencement, conduct and completion of the criminal trial. Commencement of criminal proceedings lies under the immediacy exercise of the criminal action, which involves the identification of the guilty person and bringing him to justice, by putting in motion the criminal proceedings, motivated by the argument that such action may be exercised only against a specific person. The conduct of criminal proceedings is boosted by exercising the criminal action and sending or calling of the accused before the Court, in order to probe the allegations and establish the punishment. In the end, the condemnation and execution of a definitive judicial ruling are the consequence of the exercise of criminal action, through which the convicted person is held criminally accountable, in accordance to the degree of guilt and the committed deed. The above outlines the legal-social importance of this institution and constitutes sufficient arguments to support the idea that you cannot conceive the existence of a process without this means through which the legal conflict born through the violation of legal criminal norms is brought to justice. In addition, the rules of substantial criminal law would not be applicable and, in connection with this, the existence of judicial organs would be purposeless and criminals could no longer be held accountable. This paper analyses from a legal and doctrinal point of view the general elements specific to the criminal action, with the purpose of clarifying some contradictory aspects regarding the concept, object, subjects and its features, arguing and supporting the idea that the absence of the institution in question would be likely to create social chaos, with reference to the laws of other European States.

  • Issue Year: I/2012
  • Issue No: 1
  • Page Range: 26-47
  • Page Count: 22
  • Language: English