Influenta deciziilor Înaltei Curți de Casație și Justiție și a deciziilor Curții Constituționale a României asupra caii extraordinare de atac a revizuirii
The Influence of the Decisions of the High Court of Cassation and Justice and of the Decisions of the Constitutional Court of Romania on the Extraordinary Appeal of the Review

Author(s): Versavia Brutaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: Extraordinary Appeal of the Review; judicial error; a new criminal procedural report;
Summary/Abstract: In the criminal trial, the judgment is one of the most important procedural activities because during the trial the conflict of criminal law deduced from the judgment is resolved. It establishes the existence of a criminal offense, the guilt of the perpetrator and the application of sanctions. By exercising the remedies, a new criminal procedural report is not born, but the initial one is extended, in a new phase of the criminal trial. Likewise, by exercising the remedies, it is not determined the promotion of a new criminal action, this constituting a way of exercising the initial criminal action, by moving to another procedural phase. The extraordinary remedy of the review may be exercised against the definitive judgement, having the character of a retraction appeal which allows the criminal court to revert to its own judgment and, at the same time, the character of a factual remedy, by which are established and eliminated the judicial errors in solving the criminal cases. The review is formulated against a judgment that has acquired res judicata, based on facts or circumstances that were not known by the court in resolving the case, discovered after the trial and which prove that the judgement is based on a judicial error.

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