Luarea măsurii preventive a controlului judiciar în procedura de cameră preliminară. Nulitate absolută – neasistarea de către avocat a inculpatului, dar nu și neaudierea acestuia de către judecătorul de cameră preliminară
Taking the preventive measure of judicial review in the preliminary chamber procedure. Absolute nullity – the defendant's not being assisted by the lawyer, but not his non-hearing by the preliminary chamber judge

Summary/Abstract: Regarding the fact that new grounds have arisen, the Prosecutor's Office formulated a new request for taking the measure of judicial review, a request which was admitted by the preliminary chamber judge, assigned to the case. As regards the finding of absolute nullity of the judgment challenged on the grounds that the defendants were not heard by the preliminary chamber judge, it should be held that art. 281 of the new Code of Criminal Procedure fails to provide for such a case as an absolute nullity, and to the provisions of art. 4251 par. (7) (2) (b) of the Code, which explicitly stated that you can have a retrial only if it complied with legal requirements for quoting rules of criminal procedure are strictly interpreted, a retrial in this respect may not be ordered. However, such omission (of the failure to hear the defendants) is a violation of the provisions of art. 214 par. (2) thesis II of the above-mentioned code, which may draw the sanction of relative nullity in accordance with art. 282 same code. However, in art. 4251 par. (7) (2) of the new Code of Criminal Procedure there are two solutions that the judge may adopt (corresponding to letter (a) and (b)], so that reference only to letter b) (as in the case under consideration) is not quite correct. Regarding the criticism of the absolute nullity of the judgement regarding the defendants-challengers C.D. and C.C., it is held that the solution of the request to take the measure of judicial review against them was made without the assurance of an ex officio defender. Ore, the violation of the provisions on the assistance of the defendant by the lawyer is sanctioned with absolute nullity (art. 281 of the new Code of Criminal Procedure).

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