Despre concepţia procesuala şi noul Cod de procedura penala. Câteva lucruri simple
About the Criminal Trial and the New Code of Criminal Procedure. Some simple Facts

Summary/Abstract: In the foregoing study, the author, Diana Ionescu, assistant lecturer at the Faculty of Law, Babes-Bolyai University in Cluj-Napoca, presents the readers a synthesis on the fundamental issues of the criminal trial shaped out in the new Code of Criminal Procedure. The study is divided into five distinct sections: Overview (1), Two approaches on the criminal trial: the Adversarial and the Continental systems (2), a third pattern: the Socialist system (3) and The New Code of Criminal Procedure (4). The final section is dedicated to a short conclusion (5). In the introductory parts of the study, the author aimed at familiarizing the reader with the main approaches on the criminal trial, namely the adversarial system vs. the continental system, but also the socialist model of trial, whereas in the final part, she reaches certain conclusions as to the new type of criminal trial in Romania. After the author has identified several elements that could suggest similarities between the Romanian system of criminal procedure and the adversarial system, some provisions introduced in the new Code of Criminal Procedure – such as the ruling on supplied evidence by the judge of pre-trial chamber within a procedure that is neither contradictory nor public, in the absence of both the accused and the prosecutor – finally determine a re-thinking of the said similarities. Finally, the author opinionates that the new approach on the criminal trial, promoted by the Code, is a continental one, with certain socialist system surviving influences and with some elements from the adversarial approach, which will be deprived of a real application in the practice.

• Details
• Contents