THE DRAFTING OF JUDGMENT
GROUNDS OF APPEAL AFTER CEASING
TO BE A MAGISTRATE
THE DRAFTING OF JUDGMENT
GROUNDS OF APPEAL AFTER CEASING
TO BE A MAGISTRATE
Author(s): Costin-Cristian Pușcă, Marian-Mădălin PușcăSubject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice, Court case
Published by: Editura Hamangiu S.R.L.
Keywords: Criminal Procedure Code; drafting of judgment; procedural remedy; right to a fair trial; law issues; referral for retrial;
Summary/Abstract: The issuance of the court decision also implies the presentation of the grounds that were the basis of the solution adopted by the judge who participated to the trial of the case. However, in the event that the court decision was not drafted by the judge of first instance prior to the termination of its capacity of magistrate, the drafting of grounds by another person is equivalent to a lack of motivation, a circumstance that constitutes a violation of the right to a fair trial.
Journal: Analele Universității Titu Maiorescu
- Issue Year: XIX/2020
- Issue No: XIX
- Page Range: 207-221
- Page Count: 14
- Language: English