Considerations referring to the amendments and supplements made to the Special Part of the Criminal Procedure Code under Law No. 202/2010 regarding certain measures to accelerate disputes resolution Cover Image
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Considerații referitoare la modificările și completările aduse Părții speciale a Codului de procedură penală prin Legea nr. 202/2010 privind unele măsuri pentru accelerarea soluționării proceselor
Considerations referring to the amendments and supplements made to the Special Part of the Criminal Procedure Code under Law No. 202/2010 regarding certain measures to accelerate disputes resolution

Author(s): Teodor Viorel Gheorghe, Ciprian Coadă
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: criminal prosecution - judgment; information of the next hearing date; admittance of guilt; challenge means; reasons for cassation; admissibility of review; recourse in the interest of the law.

Summary/Abstract: This study is dedicated to the Special Part of the Criminal Procedure Code, in terms of the amendments brought by Law No. 202/2010, with reference to criminal prosecution, judgment on the merits, ordinary and extraordinary means of challenge, enforcement decisions or special judgment procedures. The study contains equally an analysis of the new regulations introduced in the field of recourse in the interest of the law.The text comments concerning the referral of the case to another Prosecutor’ Office, the information of the next hearing date, the judgment in case of admittance of guilt, the limits of the recourse judgment, the procedure in case of review can be indicated as examples.For an easier understanding of the study, the sequence of the analyzed legal regulations complies with both the structure of the Criminal Procedure Code, and with the chronology of the texts of the amending laws.Otherwise, given the fact that the work is especially addressing practitioners in criminal law and in criminal procedural law and given the fact that, for reasons of economy of the publishing space, the amended or amending texts were only rarely and partially reproduced, authors believe that the latter should be concomitantly available for a complete understanding of the study.With special reference to the contents of the second part of the study, emphasis needs to be placed on the fact that the work tried to highlight both the progressive and positively innovating provisions in the criminal procedure, and certain errors, non-compliances or legislative omissions or potential lack of correlation with the constitutional provisions.

  • Issue Year: 2011
  • Issue No: 05
  • Page Range: 125-155
  • Page Count: 31
  • Language: Romanian