Controverse privind aplicabilitatea art. 3201 C.proc.pen. în cazul rejudecării după extrădare
Controversy regarding the applicability of art. 3201 Criminal Procedure Code for a retrial after extradition

Summary/Abstract: Introducing in the Romanian criminal legislation Law no. 202/2010 regarding some measures to accelerate the settlement process had, in addition to the obvious advantages in expediting the proceedings, and serious shortcomings, consisting, in particular, the uncorrelation of provisions of the Criminal Code and the Criminal Procedure Code with Law no. 202/2010 in relation to the European Court of Human Rights, the Constitutional Court and the principles that should govern this matter. One of the issues that arose in practice was that the applicability of art. 3201 of the Criminal Procedure Code (article introduced by Law no. 202/2010) for retrial after extradition, according to art. 5221 of the Criminal Procedure Code, when the sentence imposed in absentia predates the entry into force of Law no. 202/20102.

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