The Need to Reverse the Onus of Proof in the Case of Relative Nullity in Criminal Trials Cover Image
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Necesitatea inversării sarcinii probaţiunii vătămării, în cazul nulităţii relative de drept procesual penal
The Need to Reverse the Onus of Proof in the Case of Relative Nullity in Criminal Trials

Author(s): Irinel Samoilă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal norms; disposition; sanction; relative nullity; procedural damage; onus of proof; unconstitutionality;

Summary/Abstract: All norms of criminal procedure are compulsory. However, the degree of how they are respected is given by the potential applicable sanctions in cases of noncompliance. The sanction loses its effectiveness if the proof of the procedural damages must be realised by the persons whose protection was intended by the norm.

  • Issue Year: 2019
  • Issue No: 02
  • Page Range: 119-127
  • Page Count: 9
  • Language: Romanian