Aspecte teoretice de diferenţiere a cazului de revizuire privind inconciabilitatea hotărârilor de cazul de contestaţie în anulare privind încălcarea a
Theoretical aspects of differentiation between the revision in case of irreconcilable judicial decisions and the appeal for annulment based on res jud

Summary/Abstract: The present study discusses a situation that creates heterogeneous practice, namely the remedy in the case when there are multiple criminal decisions regarding the same subject and the same deeds. Thus, as the study shows, some courts have considered that res judicata has been breached and the annulment of the ulterior decision is necessary. This remedy is achieved through an appeal for annulment, which is an extraordinary remedy developed by the Romanian criminal procedural system. On the other hand, some courts have considered that a revision is needed as the two decisions are irreconcilable. The conclusion I have reached is in accord with the first opinion expressed in practice, as the respect given to final criminal decisions should be imposed erga omnes, and any harm done to their authority should be remedied through the annulment of the decision that brings such harm.

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