The absolute nullities in the Code of Criminal Procedure. Comparative analysis of regulations with regard to the cases where this procedural penalty is no longer applicable Cover Image
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Nulitățile absolute în Codul de procedură penală. Analiză comparativă între reglementări în ceea ce privește cazurile în care nu mai este aplicabilă această sancțiune procedurală
The absolute nullities in the Code of Criminal Procedure. Comparative analysis of regulations with regard to the cases where this procedural penalty is no longer applicable

Author(s): Aurel Ciobanu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: absolute nullity; procedural penalty; jurisdiction related to subject matter; referral to the court of law

Summary/Abstract: The purpose of this analytical approach is to emphasize the main amendments to the legal provisions of the Criminal Procedure Code in force which are under the protection of absolute nullity, because by briefly analyzing the legal provisions whose infringement entails the sanction of absolute nullity we observe that the structure of the provisions of art. 281 para. (1) of the Criminal Procedure Code essentially differs from that of the provisions of art. 197 para. (2) of the previous Criminal Procedure Code. The approach is structured in a way that allows the assessment of the criminal procedural environment in the light of the new regulations, which remove from the scope of absolute nullity certain categories of provisions traditionally protected by this procedural sanction.

  • Issue Year: 2014
  • Issue No: 07
  • Page Range: 403-405
  • Page Count: 3
  • Language: Romanian
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