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Realities And Perspectives Of Introducing The Institution Of Preliminary Chamber In The Romanian Criminal Trial

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  • Daniela Cristina VALEA

    (Associate professor, PhD., "Petru Maior" University of Tirgu Mures; lawyer, Mures Bar Association; ROMANIA.)

Abstract

The aim of the Romanian legislator to regulate a new preliminary phase of the criminal trial respectively the procedure of the preliminary chamber, was justified primarily by the infallible argument of the obligation to meet the predictability exigencies of the legal proceedings imposed by the European Convention on Human Rights, and secondly by the argument for the expediency of the criminal trial. The drafting and entry into force of a new Criminal Procedure Code was the perfect opportunity. But, like any novelty, the institution of preliminary chamber was criticized, the criticism having as a support the legislative proposal and then the final regulatory text, and also criticism made after its implementation, some of the weaknesses and shortcomings being revealed only after this point. This article covers both an overview of the regulatory procedure (the legal nature, the legislative headquarters, the object, the procedure and the resolutions, the appeal) but also a series of considerations following the analysis of certain theoretical and practical aspects.

Suggested Citation

  • Daniela Cristina VALEA, 2015. "Realities And Perspectives Of Introducing The Institution Of Preliminary Chamber In The Romanian Criminal Trial," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 62, pages 50-60, September.
  • Handle: RePEc:pmu:cjurid:v:62:y:2015:p:50-60
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj15/recjurid153_5F.pdf
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    More about this item

    Keywords

    preliminary chamber; criminal trial; the contradiction principle; unconstitutionality; legality.;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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