Sanctions Applicable to the Indictment in the Preliminary Chamber Cover Image
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Sancţiunile aplicabile rechizitoriului în camera preliminară
Sanctions Applicable to the Indictment in the Preliminary Chamber

Author(s): Teodor Munteanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: irregularity; illegality; indictment; preliminary chamber; incidental procedure; nullity of the indictment;

Summary/Abstract: This article aims to analyze the subject of sanctions applicable to the indictment during the preliminary chamber phase. In this regard, the material begins with an overview of the interpretations given to the notions of „illegality” and „irregularity” of the indictment. Subsequently, the doctrinal perspectives on the sanctions applicable to the act of referral and its legal nature will be presented, followed by an analysis of the mechanism through which the sanction of irregularity operates. In the second chapter, case law will be used to analyze the situations in which the sanction of irregularity cannot be applied, and finally, the premise for applying the sanction of nullity to the indictment will be presented.

  • Issue Year: 2025
  • Issue No: 02
  • Page Range: 124-137
  • Page Count: 14
  • Language: Romanian
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