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Recursul în casație în procedura penală
Cassation recourse in the criminal procedure

Author(s): Adrian Fanu-Moca, Claudia Roșu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: cassation recourse; jurisdiction; purpose; reasons for promotion; pronounced solutions.

Summary/Abstract: The article analyzes the cassation recourse, which is an extraordinary judicial remedy in the criminal trial, a reformative and devolutive judicial remedy, in principle a non-suspensive of enforcement and extensive judicial remedy. The purpose of the cassation recourse is to ensure a uniform practice at the level of the entire country. In order to achieve this purpose, the legislator has expressly provided the reasons for which a cassation recourse may be promoted, the jurisdiction for settlement, the subjects for which the possibility to exercise the judicial remedy is recognized and the solutions which the court can pronounce. The usefulness of the cassation recourse is fully emphasized, given the fact that the recourse would no longer exist within the Romanian criminal procedure system subsequently to the entry into force of the new Criminal Procedure Code.

  • Issue Year: 2015
  • Issue No: 08
  • Page Range: 38-57
  • Page Count: 20
  • Language: Romanian