The challenge for annulment. Conditions for
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Contestaţia în anulare. Condiţii de admisibilitate şi procedura de judecare
The challenge for annulment. Conditions for admissibility and the trial procedure

Author(s): Ghenici Otilia
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: challenge for annulment; content of request; applicants; term for lodging the request; competent court; examination in principle; suspension of sentence; trial procedure;

Summary/Abstract: As the title suggests, the present study is divided into two sections. The first section examines the challenge for annulment in terms of the conditions for admissibility. It analyses the judicial decisions which can be challenged, the content of the request for the challenge for annulment, the applicants and the term for lodging the request, compared to the regulation of the 1968 Code of criminal procedure and the case law formed while it was in force. The second section presents the trial procedure for the challenge for annulment with its two stages – the examination in principle and the trial itself, the requirements for the suspension of the sentence, the competent court and the decisions it can deliver and the possible remedies. The study ends with brief conclusions as to whether the current regulation of the challenge for annulment as configured in the present is a progress or a regression compared to the previous Code of criminal procedure.

  • Issue Year: 2016
  • Issue No: 04
  • Page Range: 58-103
  • Page Count: 45
  • Language: Romanian
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