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Appeal on the Duration of the Criminal Proceedings

Bogdan Buneci ()
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Bogdan Buneci: Ecological University of Bucharest, Law School, Romania

Scientia Moralitas Conference Proceedings from Research Association for Interdisciplinary Studies

Abstract: The special procedure of the appeal concerning the duration of the criminal trial does not concern the resolution of a criminal case, it does not offer absolution on matters of fact or law that anticipate the way of solving the criminal trial, it does not dispose on the guilt of the defendant or on the punishment imposed on him. Instead, its primary focus is on addressing the excessive or unreasonable character of the duration of the criminal trial in a procedure characterized by contradictory and orality. In this context, the defendant, the injured persons, the civil parties, the parties with civil liability or the prosecutor, in the exercise of their rights, may use this special procedure necessary to respect the right to a fair trial.

Keywords: appeal; reasonable duration; fair trial; effective investigation; ECHR case-law (search for similar items in EconPapers)
Pages: 5 pages
Date: 2024-02
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Published in the Scientia Moralitas Conference Proceedings, February 15-16, 2024, pages 102-107

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