Coverage of the Impartiality of Magistrates in the New Romanian Code of Criminal Procedure
Coverage of the Impartiality of Magistrates in the New Romanian Code of Criminal Procedure

Summary/Abstract: The recent regulations in force of the new Code of Criminal Procedure have significantly changed the norms which reflect the impartiality of the magistrates. The proposed aim is to ensure the equidistance of the magistrates first by separating their tasks. The exercise of these powers is checked vertically through the possibility of formulating remedies at law (complaints). The time limits for making complaints and their resolution are short. This method involves, as a rule, the performance of other procedures only after exhausting the previous procedures. The new law aims sharp delineation of duties (competencies) of the magistrates aiming at increasing the degree of objectivity. This is because one of the objectives of the new Code of Criminal Procedure is, that with the application of new norms, to increase confidence in justice. The cases of incompatibility are regulated in detail. The concerns of the legislative in the sphere of the impartiality of the magistrates are subordinate to the concern with respect to increasing the quality of the act of justice, with maintenance of a fair balance between the expedience of the criminal trial and the protection of the basic procedural rights.

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