Consecințele nulității absolute determinate de necompetența organelor de urmărire penală constatată în faza judecății după schimbarea încadrării juridice
The consequences of the absolute nullity determined by the lack of competence of the criminal investigation authorities discovered during the trial phase after the change of the legal classification

Summary/Abstract: The present article aims to offer a solution to a problem arising within the practice of the criminal courts, as a consequence of declaring the unconstitutionality of essential legal provisions in the conduct of the criminal trial. The lack of legal provisions among the cases of nullity regarding the competence of criminal investigation authorities, has determined the necessity of resorting to the jurisprudential interpretation, considering the optics embraced by the legislator in adopting the New Code of criminal procedure. Without being sheltered from any criticism, two solutions are proposed, by reference to the analysis of the moment of incidence of the nullity case, which best correspond to the principles and purpose of the criminal trial.

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