Some controversial and current issues on the pre-trial chamber Cover Image
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Câteva probleme controversate şi actuale privind camera preliminară
Some controversial and current issues on the pre-trial chamber

Author(s): Andrei Zarafiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: pre-trial chamber; controversy; purpose; procedural mechanism;

Summary/Abstract: Our procedural system, dependent on the traditions still strongly rooted in the continental mechanisms, faced a serious challenge with the introduction of the pretrial chamber into the landscape of the first-rank subdivisions of the criminal trial.The attempt to compensate by legal means an initial regulatory deficit hindered the institution crystallisation in a form that would generate jurisprudence stability and predictability. Furthermore, the legislative interventions, caused by the Constitutional Court's compulsory findings and the Supreme Court's rulings, have consistently changed the procedural features and mechanisms of the pre-trial chamber.Therefore, the article proposes to analyse some of the current problems of the institution, trying to identify both impediments and potential solutions to overcome them. Representative for the legal category to which they belong, the issues under review question not only the current dimension of the institution but also its future evolution.

  • Issue Year: 2017
  • Issue No: 03
  • Page Range: 56-88
  • Page Count: 33
  • Language: Romanian
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