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Preliminary Chamber Judge in the New Code of Criminal Procedure

Author

Listed:
  • Dãnuþ NEACªU

    (Lecturer, PhD. at “Andrei Saguna” University of Constanta, Romania.)

  • Luminiþa SIMA

    (Graduate student, Ovidius University, Constanta, Romania)

Abstract

The provisions of the new Code of Criminal Procedure regarding the preliminary chamber judge (art. 345), contain a series of omissions (for instance, the Code does not provide the remedy solution in case of sanctioning the prosecution acts performed in violation of law), inconsistencies and gaps which may cause interpretation and enforcement difficulties in this kind of judicial proceedings. Accordingly, in the current article, the authors identify these situations and analyse them in the framework of current regulations in force, also suggesting possible solutions. Therefore, the main objective of this research consists in exploring the text of the New Code of Criminal Procedure governing the procedure of the preliminary chamber. In this context, several inconsistencies and gaps that will create difficulties of interpretation and application will be signalled. One of them refers to the text of Art. 344 para. (2) and (3) of the New Code of Criminal Procedure, which is incomplete in relation to the text of art. 54 with regards to the jurisdiction of the preliminary chamber judge and in relation to the text provided by art. 342 of the same Code, which legalises the object of the procedure in the preliminary chamber. In conclusion, the article proves of high interest due to its novelty and underlined inconsistencies.

Suggested Citation

  • Dãnuþ NEACªU & Luminiþa SIMA, 2014. "Preliminary Chamber Judge in the New Code of Criminal Procedure," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 1, pages 31-38, December.
    • Handle: RePEc:lum:rev13d:v:1:y:2011:i::p:31-38
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    Keywords

    Preliminary Chamber Judge; Functional Competence; Omissions; Inconsistencies; Prosecution Acts; Legality Control.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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