Comparative law aspects regarding the examination of the request for revision in criminal proceedings and retrial after admission in Romania and the Republic of Moldova Cover Image

Aspecte de drept comparat privind examinarea cererii de revizuire în procesul penal și rejudecare după admitere, în România și Republica Moldova
Comparative law aspects regarding the examination of the request for revision in criminal proceedings and retrial after admission in Romania and the Republic of Moldova

Author(s): Adela MORCOV
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: revision of criminal proceedings; extraordinary legal remedy; preliminary admissibility; court powers; retrial of the case; best practices; legal certainty;

Summary/Abstract: The revision constitutes a unique legal remedy aimed at achieving a balance between the necessity of rectifying a judicial error and the preservation of the principle of legal certainty. Given its significance, we believe that a comparative analysis of the legislations of Romania and the Republic of Moldova will provide new insights for Moldovan legislation in identifying best practices and refining the procedures for examining the admissibility of requests for revision in criminal proceedings, as well as the retrial process following the admission of a revision request. Similarly, this work represents an analysis and a synthesis of the common characteristic features, as well as an emphasis on the differences concerning the subject under discussion in the legislation of the Republic of Moldova and the legislation of Romania. Thus, the provisions governing the examination of the preliminary admissibility of requests, the measures that may be implemented upon or after preliminary admission, the retrial procedure itself, as well as the outcomes following the retrial and the available avenues for appeal have been analyzed. Furthermore, the work also reflects comparative theoretical and practical frameworks.

  • Issue Year: 13/2024
  • Issue No: 2
  • Page Range: 663-704
  • Page Count: 42
  • Language: English, Romanian
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