Respectarea dreptului la un proces echitabil. Redactarea hotărârii judecătorești de către un judecător care nu a participat la proces
Respecting the right to a fair trial. Wording of the court decision by a judge that has not taken part at the trial

Summary/Abstract: Pensioning of a judge may not be a reason for not wording the motivation in writing of the issued decisions, and to invoke exceptional circumstances that would justify a deviation from the standard internal procedure, that involves the application of the immediacy principle in the criminal procedures. This principle supposes the observance by the judge of the case of the witnesses’ conduct and of the plaintiffs and the assessment of their credibility, which should constitute an important element, if not decisive, in assessing the facts on which the convictions of the plaintiffs are based. The European Court of Human Rights observes that the pensioning date must have been known by the judge before the case took place in advance, thus there should have been taken measures, in principle, for finalizing alone the cases of the plaintiffs, either to involve another judge in an incipient stage of the procedure.

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