Situații infralegale de nerespectare a dublului grad de jurisdicție în materie penală care atrag trimiterea cauzelor spre rejudecare primei instanțe (II)
Infralegal situations of non-compliance with the double degree of jurisdiction in criminal matters that determine the referral of cases for retrial to the first instance (II)

Summary/Abstract: The present study is a continuation of the presentation of some practical hypotheses for sending the criminal cases for retrial in consideration of the principle of the double degree of jurisdiction in criminal matters, as they were retained in the relevant jurisprudence consulted, in this matter.Thus, the following main situations are analyzed: the omission of the court to rule on some claims (other than those concerning the civil action) or applications, raised even ex officio, possibly following the omission of the correct (re)qualification of the object of the application in law; the wrong admission by the first court of the defendant’s application for trial in the simplified procedure of the recognition of guilt or the absence of the judicial investigation in general; the non-compliance with the provisions of Article 406 (1) of the Criminal Procedure Code regarding the drafting of the decision at the time of the pronouncement, following the Decision of the Constitutional Court of Romania No 233/2021; the existence of some irreconcilable contradictions between different parts of the judgment or its pronouncement prior to the finalization of the procedural phase of the preliminary chamber; the non-inclusion in the case of some interested persons, in order to ensure the opposability of the jurisdictional act; the settlement of the case in the absence of the file or in the absence of any means of evidence subsequently referred to in the considerations of the decision.

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