The need to amend art. 426 para. (1) of the Code of Criminal Procedure in the sense of widening the scope of the court decisions against which an appeal for annulment may be declared Cover Image

Despre necesitatea modificării art. 426 alin. (1) Cod procedură penală în sensul lărgirii sferei hotărârilor judecătoreşti împotriva cărora să poată fi declarată contestaţie în anulare
The need to amend art. 426 para. (1) of the Code of Criminal Procedure in the sense of widening the scope of the court decisions against which an appeal for annulment may be declared

Author(s): Andreea Manuela Benedek
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: confirmation of the waiver of criminal prosecution; rejection; final solution; non-summoning of the interested party; inadmissibility of the appeal for annulment; proposals de lege ferenda;

Summary/Abstract: The violation of the procedural right of the interested person by non-summoning him/her at the judgement of the prosecutor's request for confirmation by the judge of the solution of waiving the criminal investigation, a right recognized by the decisions of the Romanian Constitutional Court that led to the legislative changes and the introduction of adversarial procedure according to art. 318 of the Code of Criminal Procedure, could be remedied by amending the legislation in the sense of providing the extraordinary appeal for the reason referred to in art. 426 para. (1) lit. a) of the Code of Criminal Procedure and in the case of final judgments regarding this matter.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 75-82
  • Page Count: 8
  • Language: Romanian