SIMPLIFYING CRIMINAL PROCEEDINGS: A LOCAL
INTEREST OR A EUROPEAN IMPERATIVE?
SIMPLIFYING CRIMINAL PROCEEDINGS: A LOCAL
INTEREST OR A EUROPEAN IMPERATIVE?
Author(s): Delia MagherescuSubject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice
Published by: C.H. Beck Publishing House - Romania
Keywords: criminal proceedings; due process; principle of reasonable time; simplifying criminal proceedings; partiesʼ rights; rules of criminal procedure;
Summary/Abstract: The issue of simplifying criminal proceedings has been regulated in the Romanian legislation and is the result of several factors involved in criminal justice system. They were primarily determined by the principle of due process and its particular feature structured around the aim of solving the criminal cases in reasonable time. This paper focuses on the issues of criminal cases after a considerable period of time which has passed from the new Code of criminal procedure of Romania entered into force. The legal expectations are currently in the lawyersʼ attention in order for them to outline the main achievements gained in the field of respecting the participantsʼ rights during the special criminal procedure. The paper is based on the conceptual research combined with the jurisprudence references provided in particular criminal cases. One question is related to the issue if simplifying criminal proceedings is the result of the local interest or the European imperative. The result of the study has concluded that the criminal proceedings is more accustomed with the idea of delivering judicial decisions by using the principle of due process in a comprehensive environment, featured by the appropriate simplification of criminal proceedings.
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 15/2023
- Issue No: 1
- Page Range: 318-328
- Page Count: 11
- Language: English