O VIZIUNE DISCUTABILĂ ASUPRA DURATEI UNOR PROCEDURI JUDICIARE
A QUESTIONABLE VIEW ON THE DURATION OF SOME LEGAL PROCEEDINGS

Summary/Abstract: The author's approaches are concerned with the analysis of an exceptional judicial solution, which he considers questionable in terms of understanding the reasonable duration of judicial proceedings in criminal matters. In the first part of the analysis, some general considerations are made about the overload of the courts and the ever-present imperative to speed up trials. The speedy resolution of cases is a binding obligation that must be fulfiled in any judicial procedure: civil, criminal or administrative. Unfortunately, in criminal matters too, there is an unjustified delay of trials, including at the prosecution stage. The situations to which the author refers are exceptional, but they are nevertheless likely to affect public order and the credibility of justice. In the second part of the analysis, the author examines a cassation decision in which the defendant was acquitted on the grounds that the criminal trial took too long and that criminal liability in such circumstances would no longer serve its purpose. It does not appear from the analysis carried out that such a justification has been advanced in relation to the expiry of the limitation period for criminal liability. The solution would have been fully justified if it had occurred under the conditions of the limitation period. However, in such situations the judge cannot replace the legislator.

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