Camera preliminară – sub spectrul neconstituționalității?
Preliminary chamber – under the spectrum of unconstitutionality?
Author(s): Ilie NarițaSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: preliminary chamber; preliminary chamber procedure; verification of the competence and of the legality of referral to the court; verification of legality of providing evidence; verification of perform
Summary/Abstract: The radical reformation of the criminal proceedings meant also the establishment of new legal institutions. One of them is the preliminary chamber, inspired by the Anglo-Saxon law systems, and by the continental law system. Conceived as a distinct phase of criminal proceedings, the preliminary verification raises real problems of constitutionality, being unable to fit into the mechanism of the judicial bodies stated in the Fundamental Law. In so far as it takes over functions of the judges and it excludes from debates the main subjects of criminal proceedings, it is also contrary to the requirements of the ECHR on the principles of equality of arms and equity.
Journal: Revista „Dreptul”
- Issue Year: 2014
- Issue No: 05
- Page Range: 170-194
- Page Count: 25
- Language: Romanian
- Content File-PDF
