CONSIDERATIONS REGARDING THE COURT'S POSIBILITY TO VERIFY TERRITORIAL JURISDICTION DURING TRIAL
CONSIDERATIONS REGARDING THE COURT'S POSIBILITY TO VERIFY TERRITORIAL JURISDICTION DURING TRIAL
Author(s): Ioana Ruxandra MălăescuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: trial; territorial jurisdiction;
Summary/Abstract: With the entry into force of the New Criminal Procedure Code, the preliminary chamber was introduced as a new distinct phase of the criminal proceedings. Although one of the obligations of the preliminary chamber judge is to verify theirjurisdiction, the legislator has maintained the provisions regarding the court's possibility toraisethe objection of lack of territorial jurisdiction. The article addresses an issue of interest especially for criminal procedural law practitioners as it tackles a lack of legislative coherence in regulating the court's possibility to decline territorial jurisdiction, after the preliminary chamber, while presenting the cases when the provisions of art.47 paragraph 3 of the Criminal Procedure Code, regarding the objection of lack of territorial jurisdiction, are still applicable.Key words:the objection of lack of territorial jurisdiction, declining territorial jurisdiction after the preliminary chamber phase
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XIV/2020
- Issue No: XIV
- Page Range: 107-112
- Page Count: 6
- Language: English