Appeal on the Duration of the Criminal Proceedings
Appeal on the Duration of the Criminal Proceedings

Author(s): Bogdan Buneci
Subject(s): Criminal Law, Criminology
Published by: Scientia Moralitas Research Institute
Keywords: appeal; reasonable duration; fair trial; effective investigation; ECHR case-law;
Summary/Abstract: The special procedure of the appeal concerning the duration of the criminal trial does not concern the resolution of a criminal case, it does not offer absolution on matters of fact or law that anticipate the way of solving the criminal trial, it does not dispose on the guilt of the defendant or on the punishment imposed on him. Instead, its primary focus is on addressing the excessive or unreasonable character of the duration of the criminal trial in a procedure characterized by contradictory and orality. In this context, the defendant, the injured persons, the civil parties, the parties with civil liability or the prosecutor, in the exercise of their rights, may use this special procedure necessary to respect the right to a fair trial.

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