Necesitatea inversării sarcinii probaţiunii vătămării, în cazul nulităţii relative de drept procesual penal
The Need to Reverse the Onus of Proof in the Case of Relative Nullity in Criminal Trials
Author(s): Irinel SamoilăSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal norms; disposition; sanction; relative nullity; procedural damage; onus of proof; unconstitutionality;
Summary/Abstract: All norms of criminal procedure are compulsory. However, the degree of how they are respected is given by the potential applicable sanctions in cases of noncompliance. The sanction loses its effectiveness if the proof of the procedural damages must be realised by the persons whose protection was intended by the norm.
Journal: Caiete de drept penal
- Issue Year: 2019
- Issue No: 02
- Page Range: 119-127
- Page Count: 9
- Language: Romanian
- Content File-PDF