Considerations relating to checking the regularity of the document instituting the proceedings in accordance with Art. 300 of the Criminal Procedure Code Cover Image
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Considerații referitoare la verificarea regularității actului de sesizare a instanței potrivit art. 300 C.pr.pen.
Considerations relating to checking the regularity of the document instituting the proceedings in accordance with Art. 300 of the Criminal Procedure Code

Author(s): Anastasiu Crișu, Dominic Pop
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: criminal action; prosecution; instituting the proceedings; nullity; fair trial.

Summary/Abstract: The article analyzes recent and older judgments of the High Court of Cassation and Justice and other courts on the regularity of the document instituting court proceedings, through the indictment prepared by the prosecutor. By highlighting the lack of uniform settlement of irregularities arising in the procedure laid down in Art. 300 of the Criminal Procedure Code, the authors try to find harmonious solutions for the procedural incidents arising in matters. Also, a significant part of the article is dedicated to the provisions of the new Code of Criminal Procedure relating to the analyzed matter, highlighting some deficiencies specific to the new rules.

  • Issue Year: 2012
  • Issue No: 10
  • Page Range: 236-248
  • Page Count: 13
  • Language: Romanian