REALITIES AND PERSPECTIVES OF INTRODUCING THE INSTITUTION OF PRELIMINARY CHAMBER IN THE ROMANIAN CRIMINAL TRIAL

Daniela Valea ()

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2015, vol. 62, 50-60

Abstract: The aim of the Romanian legislator to regulate a new preliminary phase of the criminal trial respectively the procedure of the preliminary chamber, was justified primarily by the infallible argument of the obligation to meet the predictability exigencies of the legal proceedings imposed by the European Convention on Human Rights, and secondly by the argument for the expediency of the criminal trial. The drafting and entry into force of a new Criminal Procedure Code was the perfect opportunity. But, like any novelty, the institution of preliminary chamber was criticized, the criticism having as a support the legislative proposal and then the final regulatory text, and also criticism made after its implementation, some of the weaknesses and shortcomings being revealed only after this point. This article covers both an overview of the regulatory procedure (the legal nature, the legislative headquarters, the object, the procedure and the resolutions, the appeal) but also a series of considerations following the analysis of certain theoretical and practical aspects.

Keywords: preliminary chamber; criminal trial; the contradiction principle; unconstitutionality; legality. (search for similar items in EconPapers)
JEL-codes: K14 K42 (search for similar items in EconPapers)
Date: 2015
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