Observații privind un caz competență a tribunalului în materie penală
Observations on a jurisdiction case of the tribunal in criminal matters

Summary/Abstract: Since the edifice of the new code of criminal procedure is only apparently solid and without legal fractures, the doctrine has had the task to make a critical analysis of the former, in order to improve the practical application of said code. The present study aims itself at a similar endeavour, by revealing a lack of cohesion in the area of first instance jurisdiction of the tribunal and by attempting to identify certain solutions. The criteria used to determine the jurisdiction of the tribunal in criminal matters do not cover the case of the assault on public officer and assault on judicial officer, offences that, although more serious than others, do not correspond to the new approach of the code. De lege lata, the existing solution is unsatisfactory and needs to be amended.

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