The importance of reasoning the judgments in criminal matters. Proposal de lege ferenda Cover Image
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Importanța motivării hotărârilor în materie penală. Propunere de lege ferenda
The importance of reasoning the judgments in criminal matters. Proposal de lege ferenda

Author(s): Bogdan Micu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: pronouncement of the criminal judgment; communication of the minutes; reasoning of the criminal judgment; communication of the criminal judgment; time limit for appeal.

Summary/Abstract: This study addresses the problems determined by the fact that in the current Romanian criminal processual legislation there is a sign of equivalence between the moment of pronouncing the judgment and the moment of reading the minutes which contains only the operative part of the judgment. This aspect determines certain consequences that affect the rights of the persons who, in one quality or another, are involved in that criminal trial, resulting even in the execution of a minutes and in the conditional release before the reasoning of the appeal decision. For all these reasons, the study proposes that the reasoning of the judgment should be made before the pronouncement, which would remove all the above shortcomings and would strengthen the confidence of the litigants in the act of justice.

  • Issue Year: 2018
  • Issue No: 10
  • Page Range: 191-197
  • Page Count: 7
  • Language: Romanian