The Preliminary Chamber
The Preliminary Chamber

Summary/Abstract: The preliminary chamber represents a new stage in the Romanian criminal trial introduced by the legislator in the Code of Criminal Procedure adopted by Law no. 135 of July 1st, 2010 in order to reduce the length of the proceedings that earlier led to the conviction of Romania by the European Court of Human Rights for the breach of the reasonable duration The subject of the proceedings before the preliminary chamber is to examine, after being sent to trial, the jurisdiction and lawfulness of the court's referral, as well as the examination of the lawfulness of the administration of the evidence and the execution of the prosecution by the criminal prosecution authorities. Once the preliminary chamber stage has been completed, if the commencement of the trial is ordered, it is no longer possible to criticize as to the lawfulness of the indictment, of the criminal prosecution and of the evidence administered during the criminal prosecution. Consequently, the criminal proceedings can no longer be further delayed by invoking those issues on which the preliminary chamber judge has the power to decide, the decision pronounced by him having the authority of a final decision on the issues under consideration.

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