Some Considerations Regarding the Territorial Competence to Solve the Challenge in the Matter of Conditional Release Cover Image

Câteva consideraţii privind competenţa teritorială de soluţionare a contestaţiei în materia liberării condiţionate
Some Considerations Regarding the Territorial Competence to Solve the Challenge in the Matter of Conditional Release

Author(s): Voicu Puscasu
Subject(s): Court case
Published by: Universul Juridic
Keywords: conditional releas;, challenging the sentence; territorial competence of the appellate court;

Summary/Abstract: This article aims to critically analyze some of the problems that arise from recent orientations of judicial practice regarding the interpretation of the legal norms concerning the territorial jurisdiction of the court entrusted with the resolution of the challenge in the conditional release procedure. Jurisprudential divergences reached the High Court of Cassation and Justice, which, unfortunately, also had a non unitary practice on this matter. Although the norm of art. 587 of the Criminal Procedure Code allows for various interpretations, the consequences of which are significantly if not radically opposite, a careful analysis of the relevant norms can provide clear criteria for determining the territorial jurisdiction of the tribunals.

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 23-32
  • Page Count: 9
  • Language: Romanian
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