Automatic Termination of Preventive Measures in the Case of Decisions for the Non-initiation of Court Proceedings and the Need to Establish a Correlation between the Provisions in the Field, further to the Amendments Made by Law no. 202/2010 Cover Image
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Încetarea de drept a măsurilor preventive în cazul soluțiilor de netrimitere în judecată și necesitatea corelării dispozițiilor în domeniu, în urma modificărilor operate prin Legea nr. 202/2010
Automatic Termination of Preventive Measures in the Case of Decisions for the Non-initiation of Court Proceedings and the Need to Establish a Correlation between the Provisions in the Field, further to the Amendments Made by Law no. 202/2010

Author(s): Anca-Lelia Lorincz
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: automatic termination of preventive measures; decisions for the non-initiation of criminal proceedings; legislative amendments; the current Criminal Procedure Code; the new Criminal Procedure Code.

Summary/Abstract: Law no. 202/2010 on certain measures regarding the acceleration of the settlement of lawsuits, the so-called “small reform”, was adopted in order to accelerate the settlement of lawsuits, by ensuring the swiftness of procedures, both in criminal matters and in civil matters, even before the expected entry into force of the new codes (the Criminal Code, the Criminal Procedure Code, the Civil Code, the Civil Procedure Code).In the field of criminal prosecution, certain provisions of the current Criminal Procedure Code were amended, with a view to ensuring swiftness by eliminating the provisions that required the court intervention for the revocation or termination of certain preventive measures if the prosecutor issues a decision for the non-initiation of court proceedings; however, no amendments were correlatively made to other provisions of the code in relation thereto. Therefore, certain disputes might arise in connection with the implementation of such texts of law.

  • Issue Year: 2011
  • Issue No: 09
  • Page Range: 212-218
  • Page Count: 7
  • Language: Romanian