ABOUT THE APPEAL OVER THE DURATION OF CRIMINAL PROCEEDINGS Cover Image

ABOUT THE APPEAL OVER THE DURATION OF CRIMINAL PROCEEDINGS
ABOUT THE APPEAL OVER THE DURATION OF CRIMINAL PROCEEDINGS

Author(s): Alexandru Boroi, Georgian Toma
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: appeal; reasonable time; criminal trial;

Summary/Abstract: The typical structure of the criminal trial is composed of four trial phases: criminal prosecution, pre-trial chamber, trial and enforcement of judicial decisions. Normal course of procedural activities means that the duration of these trial phases must be in a fair pattern, ensuring that the truth is quickly known.The challenge of the duration of the criminal proceedings is the legal way in which the party concerned can express its dissatisfaction with the exaggerated duration of a trial phase.Admission of such a challenge shall lead to the speeding up of the proceedings in which the parties are at that stage of the proceedings and to the truth being known within a reasonable time. This remedy was thus designed by the legislator as a possible solution to ensure that the conduct of judicial proceedings in criminal matters is reasonable.The usefulness of this legal instrument is also to ensure that the judgment of cases is carried out in a fair, public and reasonable time, thus leading to the truth being heard within the optimum time frame.

  • Issue Year: XIV/2020
  • Issue No: XIV
  • Page Range: 33-37
  • Page Count: 5
  • Language: English