NEW PROCEDURAL RULES REGARDING THE ENFORCEMENT OF CRIMINAL JUDGMENTS Cover Image

NEW PROCEDURAL RULES REGARDING THE ENFORCEMENT OF CRIMINAL JUDGMENTS
NEW PROCEDURAL RULES REGARDING THE ENFORCEMENT OF CRIMINAL JUDGMENTS

Author(s): Andrei Zarafiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: enforcement; criminal judgment; authority; procedure

Summary/Abstract: Whether it is perceived in the doctrine as a distinct stage of the criminal trial or as a sub-division of other stages, the enforcement of final criminal judgments represents an important procedural stage in the actual execution of the criminal justice.Unlike in civil trials, the official and mandatory character of the criminal procedural juridical relations is expressed in the enforcement stage as well, when the specific judiciary activity is launched automatically and it is carried out by official bodies according to their own rules.This study focuses on the analysis of the current normative framework regarding the activity of enforcement of final criminal judgments.The analysis refers exclusively to the criminal procedural norms applicable in this matter without taking into consideration the substantive law (included in the Criminal Code, the Law no. 253/2013, the Law no. 254/2014 and other laws as well) regulating the extra-procedural activity, the actual enforcement.Hence, the topics approached herein will refer to issued raised as a result of res judicata in criminal matters. The enforceability of the judgements and the moments when the judgements remain final, the judiciary bodies involved in the activity of enforcement as well as some common and specific provisions regarding the enforcement.

  • Issue Year: XXII/2015
  • Issue No: 1
  • Page Range: 175 - 191
  • Page Count: 17