The pretrial procedure in the Romanian legislation
The pretrial procedure in the Romanian legislation

Summary/Abstract: The current Romanian Criminal Procedure Code regulates three stages of the criminal trial: the criminal investigation, the Preliminary Chamber, thetrial, and the enforcement of the criminal court’s decisions that have remained definitive. Although we are in the presence of relatively new regulation, the dispositions in the Romanian Criminal Procedure Code have been far from perfect, stoking controversy both in the doctrine and in the judicial practice. Numerous dispositions have been subject to constitutionality reviews, especially for the purpose of ensuring the preservation of the rights of those who are involved in the criminal trial, especially in the pre-trial phase. The presentation and analysis of the pre-trial procedure is carried out both from the perspective of the legal dispositions, of the jurisprudence, as well as the decisions of the Constitutional Court of Romania, the latter having an important role in guiding the lawmaker and applying the text of the law.

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