IDEAS home Printed from
   My bibliography  Save this article

The change of the legal status and the sanction of incompatibility



    (Court House, Tîrgu Mures, Romania)


Relative 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.

Suggested Citation

  • Mihaela Vasiescu, 2004. "The change of the legal status and the sanction of incompatibility," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 16, pages 157-161, June.
  • Handle: RePEc:pmu:cjurid:v:16-17:y:2004:p:157-161

    Download full text from publisher

    File URL:
    Download Restriction: no

    More about this item


    Incompatibility; Judicial Framing; Right of Defense;

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:16-17:y:2004:p:157-161. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: .

    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.

    We have no references for this item. You can help adding them by using 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 RePEc Author Service 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.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.