Aspecte de neconvenționalitate a art. 278^1 C .pr. pen. în ipoteza exercitării plângerii de către persoana sancționată în temeiul art. 10 alin. (1) lit. b^1 C .pr. pen.
Unconventional matters of art. 278^1 of the Criminal Procedure Code assuming the exercise of the complaint by the person punished under Art. 10 para. (1) point b^1 of the Criminal Procedure Code

Summary/Abstract: In its capacity of party to the (European) Convention on Protection of Human Rights and Fundamental Freedoms and its Additional Protocols, inter alia, Romania has committed to comply with Art. 6 of the mentioned international instrument as well as with art. 2 of the Additional Protocol no. 7. For this reason, it is imperative that documents which have important procedural consequences and emanating from a body which is part of the executive power, to be susceptible of a fair and adversarial control from a judge, meeting the fairness guarantees consistent with the rule of law – this is, in fact, the ratio legis of art. 2781 of the Criminal Procedure Code. Equally, according to art. 2 of the Additional Protocol no. 7 to this Convention, any person convicted of an offense within the autonomous meaning of this term, has the right to submit the “declaration of guilt” concerned to the analysis of a higher court, benefiting from the double degree of jurisdiction in criminal matters. This study aims to analyze the compliance of the referred supranational provisions with the provisions of positive domestic law.

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