The change of the legal status and the sanction of incompatibility
AbstractRelative to the process stage when the court pronounces the change of judicial framing and to the procedural act where the will of the judge is recorded, in the specialized literature and in the recent practice of courts it is considered that the judge has the obligation only to get into discussion the new judicial framing without pronouncing about it through concluding but by means of consulting the judges, by minute, once the merits of the case have been solved. If the judge pronounced through concluding, it would become incompatible according to Article 47, paragraph 2, Crime Law as he previously expressed his opinion about the solution that could be given for the case, concerning judicial framing. We consider that such orientation is debatable both concerning its reasons and the effects that it generates on the level of assuring and securing the right of defense, for the reasons we will present as it follows.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation in its journal Curentul Juridic, The Juridical Current.
Volume (Year): 16-17 (2004)
Issue (Month): (June)
Incompatibility; Judicial Framing; Right of Defense;
Find related papers by JEL classification:
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statistics
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas).
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.