Problemele noastre și problemele doamnei judecător Mihaela Nițu
Our issues and the issues of judge Mihaela Nițu

Summary/Abstract: I see in the decision in the criminal case no. 196/F on 07.10.2019 before the Court of Appeal in Bucharest – Criminal Section I, decision made by judge Mihaela Niță, a sign of the more general issues present in the Romanian criminal system. I argue that the preeminent role of the personal conviction of the judge gives the latter a great power that must be counterbalanced. Relying on a single judge in criminal trials goes against this principle. I explain why the Criminal Law is the strongest connection of the State with its totalitarian past. I discuss prescription, which allows inveterate criminals to elude criminal prosecution, the law-enforcement system and full punishments. I argue for the advantages of the adversarial system, as opposed to the inquisitorial system, which has been used in all the instances of political retaliation. Regarding the motivation of the judge, I find it irrational to take into consideration the paltry and the insignificant as aims for a legal norm. The arguments of the judge hurts unnecessarily the feelings of those close to Gheorghe Ursu, and her value judgments seem extracted from the legal ideology built up during communism.

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