A COMPARATIVE STUDY ON THE PRICIPLE OF CELERITY IN ROMANIA AND THE UNITED STATES OF AMERICA Cover Image

PRINCIPIUL OPERATIVITĂŢII ÎN PROCESUL PENAL DIN STATELE UNITE ALE AMERICII ŞI ROMÂNIA. STUDIU COMPARATIV.
A COMPARATIVE STUDY ON THE PRICIPLE OF CELERITY IN ROMANIA AND THE UNITED STATES OF AMERICA

Author(s): Steven Becker, Enikö Damaschin
Subject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: principle of celerity; rigth to a speedy trial; criminal trial in the United States of America; criminal trial in Romania; comparative law

Summary/Abstract: This study deals with one of the most important fundamental rules of criminal trial, both in the United States of America and in Romania, namely the right of the person accused of committing a crime to have a trial within a reasonable time. As regards the legal system of the United States of America, the author approached the issue from the perspective of the Constitution of the United States of America, respectively reviewing the legislative system of the State of Illinois. The presentation of the case law in this field had an important role in this review. As regards the legal system of Romania, the efforts to amend the legislation in order to ensure a reasonable time for carrying out the criminal proceedings are obvious even if sometimes, in this way, the applicability of other fundamental principles, such as the principle of finding out the truth, is restricted. The differences existing between the two penal legal systems are also obvious, after reading this study.

  • Issue Year: XVI/2009
  • Issue No: 2
  • Page Range: 90-101
  • Page Count: 12
  • Language: English