Curtea de Apel București, Secția a II-a penală, Decizia nr. 1415 din 17 noiembrie 2014 (Jurisprudență comentată)
Bucharest Court of Appeal, Decision no. 1415 dated 17.11.2014 (Case Law Study)

Summary/Abstract: Even if the absence of judicial inquiry is not a cause for absolute legal nullity and is not among the reasons that can lead to nullification of the verdict and the redirection towards retrial, according to article 421, point 2, letter b, Criminal Procedure, the judicial control court established that the resolution is required in order to guarantee the right to a double degree of jurisdiction in criminal offences, guaranteed by article 2, Protocol 7 ECHR, provided the absence of judicial inquiry is assimilated to the absence of the trial in the first court while performing it during the appeal is depriving the party of means of appeal, the court has the obligation to ensure that the rights guaranteed by the Convention “are practical and effective, not theoretical and elusory”.

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