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Preliminary Chamber – Evolution Or Involution In The Romanian Criminal Procedure

Author

Listed:
  • Ramona Mihaela COMAN

    (Ph D Student at "Sapienza" University of Rome, Italy Assistant at the Petru Maior University of Tirgu Mures, Faculty of Economics, Law and Administrative Sciences, ROMANIA.)

Abstract

This paper deals with two aspects referring to the procedure of the preliminary chamber, which could raise questions about the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights: is the judge of the preliminary chamber compatible to judge the case on the merits, does the exclusively written and non-contradictory procedure respect the guarantee of the fair trial? The analysis of the two issues was made by comparing it with the Italian system, where our legislator inspired from.

Suggested Citation

  • Ramona Mihaela COMAN, 2014. "Preliminary Chamber – Evolution Or Involution In The Romanian Criminal Procedure," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 57, pages 95-100, June.
  • Handle: RePEc:pmu:cjurid:v:57:y:2014:p:95-100
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj14/recjurid142_9F.pdf
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    Citations

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    Cited by:

    1. Lucian CHIRIAC & Roxana Silvia TRUTA, 2017. "Sur L'Indépendance Des Juges Et Leur Soumission Seulement Devant La Loi En Roumanie En Vue Des Propositions De Modification De La Loi No. 303/2004 Sur Le Statut Des Juges Et Des Procureurs Et La Loi N," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 71, pages 52-65, December.

    More about this item

    Keywords

    preliminary chamber; fair trial; incompatibility; non-contradiction;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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