Decizia nr. 250/2019 a Curții Constituționale a României și practica Curții Europene a Drepturilor Omului referitoare la schimbarea încadrării juridice
The Decision No 250/2019 of the Constitutional Court of Romania and the practice of the European Court of Human Rights referring to the change of the legal framework
Author(s): Leontin CorașSubject(s): Constitutional Law, Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: changing the legal framework during the trial; the defendant’s right to be informed with regard to the nature and cause of the charge; judgment that does not settle the merits of the case; reasoned co
Summary/Abstract: The article presents the considerations of the Decision No 250/2019 of the Constitutional Court of Romania and the practice of the European Court of Human Rights regarding the change of the legal framework during the trial, concluding that it is ordered by a conclusion prior to the settlement on the merits.Likewise, there are presented arguments that justify the mandatory preparation of the minute in case of change of legal framework, the motivation of the conclusion and its communication.There are examined, from the perspective of the change of the legal framework, the amendments and supplements to the Criminal Procedure Code ordered by the Law No 130/2021, which bring specifications in agreement to the case law of the Constitutional Court of Romania and of the European Court of Human Rights.
Journal: Revista „Dreptul”
- Issue Year: 2021
- Issue No: 09
- Page Range: 134-144
- Page Count: 11
- Language: Romanian
- Content File-PDF