PRELIMINARY CHAMBER – EVOLUTION OR INVOLUTION IN THE ROMANIAN CRIMINAL PROCEDURE
PRELIMINARY CHAMBER – EVOLUTION OR INVOLUTION IN THE ROMANIAN CRIMINAL PROCEDURE
Author(s): Ramona Mihaela ComanSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, International Law, Human Rights and Humanitarian Law, EU-Legislation, Administrative Law
Published by: Editura University Press, Universitatea de Medicina, Farmacie, Stiinte si Tehnologie “George Emil Palade” din Targu Mures
Keywords: preliminary chamber; fair trial; incompatibility; non-contradiction;
Summary/Abstract: This paper deals with two aspects referring to the procedure of the preliminary chamber, which could raise questions about the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights: is the judge of the preliminary chamber compatible to judge the case on the merits, does the exclusively written and non-contradictory procedure respect the guarantee of the fair trial? The analysis of the two issues was made by comparing it with the Italian system, where our legislator inspired from.
Journal: Curentul Juridic
- Issue Year: 57/2014
- Issue No: 2
- Page Range: 95-100
- Page Count: 6
- Language: English