The appeal for annulment under the new Code of Criminal Procedure Cover Image
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Contestația în anulare în noul Cod de procedură penală
The appeal for annulment under the new Code of Criminal Procedure

Author(s): Constantin Tanase
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: appeal for annulment; extraordinary remedy; new Code of Criminal Procedure.

Summary/Abstract: With the view to overcome the lack of celerity in the conduct of criminal trials, the initiators of the new Code of Criminal Procedure explicitly intended to depart from the extraordinary remedy of appeal for annulment. However, although the code was adopted under the Government’s liability, the legislature has maintained this opportunity to repair final criminal judgments affected by errors. Code’s editors have thought abandon of the litigious remedy, transferring its role and cases of its raising to other extraordinary remedies. But the author points out that the experiment has not been designed fully rigorously, so that a number of hypothetical situations, consistent enough, remained outside the cases provided by law for the performance of extraordinary review procedures.Under the new code system, the appeal for annulment was integrated in a chapter distinct from the review procedures chapter, i.e. after the appeal, as an emphasis on the concept of being within reach of the parties to pursue against final judgments passed in the court of this relevant resort.

  • Issue Year: 2011
  • Issue No: 08
  • Page Range: 47-51
  • Page Count: 5
  • Language: Romanian