Legal Nature of Criminal Proceedings Regarding the Length of the Appeal
Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

Author(s): Constantin Tanase
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: new institutions of the criminal proceedings; appeal; Convention for the Protection of Human Rights and Fundamental Freedoms
Summary/Abstract: The appeal regarding length of criminal proceedings represents a new institution of Romanian criminal procedure system, born from the need to align the procedural rules to the constitutional requirements and other internal rules, but especially from the need for harmonization with European Community rules,namely the Convention for the Protection of Human Rights and Fundamental Freedoms. To the same extent,it was aimed at forming a legal institution in line with the jurisprudence of the European Court of Human Rights. The new institution has its registered matter in art. 4881-4886 Criminal Procedure Code., Introduced by Law implementing the Code under Title IV – “Special Procedures” which recommends it from the beginning as a derogation from the common procedure. Nevertheless, given the position of remedy for excessive and unjustified extension of the criminal proceedings, as well as the judicial review, which it triggers in this regard, it raises the question of the legal nature of the appeal regarding the length of criminal proceedings. The answer to this question may affect the correct application of the institution and the improvement of judicial practice.

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