INCIDENŢA PREVEDERILOR LEGII NR.202/2010 (,,MICA REFORMĂ”) ŞI ALE NOULUI COD DE PROCEDURĂ PENALĂ (LEGEA NR.135/2010) ASUPRA GRADELOR DE JURISDICŢIE ÎN MATERIE PENALĂ
INCIDENCE OF THE PROVISIONS OF LAW NO. 202/2010 ("SMALL REFORM") AND OF THE NEW CODE OF CRIMINAL PROCEDURE (LAW NO. 135/2010) ON THE JURISDICTIONS IN CRIMINAL MATTERS

Summary/Abstract: The actual Romanian Code of Criminal Procedure governs, as a general rule, the triple level of jurisdiction in criminal matters, dedicating two ordinary means of attack: the appeal and the recourse; consequently to the legislative changes of the present Code of Criminal Procedure (through Law no.202/2010), only the cases that are first trialed in a court can still undergo both ordinary means of attack. Also, Law no.135/2010 regarding the new Code of Criminal Procedure brings changes with regard to ordinary means of attack, and, implicitly, with regard to the levels of jurisdiction. Thus, in the matter of means of attack the new code stipulates the ordinary means of attack of appeal, fully devolutive. Regarding the recourse, this will become an extraordinary means of attack (under the name of recourse in cassation), exercised only in exceptional cases and only for reasons of illegality.

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