Obiectul procedurii în camera preliminară
The Object of the Preliminary Chamber Procedure
Author(s): Florin-Georgian CrețuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: competence; evidence; means of evidence; nullity; effects;
Summary/Abstract: Almost ten years after the new Criminal Procedure Code’s entry into force, the preliminary chamber is still not stabilised from a case law and doctrinal standpoint. The present article aims to offer practical and theoretical solutions for certain problems that concern the object of the preliminary chamber procedure. Thus, we will study the consequences of infringing of legal norms that concern the competence of the criminal investigation bodies and of the court, irregularity of the indictment and the general theory of evidence. Therefore, we will analyse from a practical standpoint many institutions that concern this procedure, with the aim of identifying optimal solutions for the case law. We will take into account case law solutions regarding matters that clarify the preliminary chamber’s object, so that the mechanisms the preliminary chamber judge resorts to in the situations of identifying of some procedural irregularities in the stage of criminal investigations are clarified and fully understood.
Journal: Revista Themis
- Issue Year: 2024
- Issue No: 01-02
- Page Range: 92-107
- Page Count: 16
- Language: Romanian
- Content File-PDF