Curtea de Apel Piteşti, Secţia penală şi pentru cauze cu minori şi de familie. Decizia nr. 789 din 30 noiembrie 2010 (Studiu de Caz)
Court of Appeal Piteşti, Department of Criminal and juvenile and family cases. Decision. 789 of 30 November 2010 (Case Study)

Summary/Abstract: The provisions of art. 141 para. (1) final thesis of the Criminal Procedure Code states that "The conclusion of the first court or the appeal court rejected the application for revocation, replacement or termination of the preventive measure is not subject to appeal." This regulation restricts the right of access to a court by restricting the right to an appeal, as a fundamental principle established by art. 21 para. (1) of the Constitution, and the provisions of art. 5 § 4 of the European Convention on Human Rights. In this case there is a mismatch between domestic and international regulations on fundamental human rights, in which, pursuant to art. 20 para. (2) of the Constitution, the national court applies international regulation, noting the admissibility of appeal.

• Details
• Contents