Volume 24, Issue 1 (1-2017)                   EEBL 2017, 24(1): 1-7 | Back to browse issues page

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Gradinaru S. The appeal in matters of preventive measures reviewed in contestation proceedings in the preliminary chamber. EEBL. 2017; 24 (1) :1-7
URL: http://europeansp.org/article-18-87-en.html
University Al. I Cuza Iasi, Address Iasi, str. Sulfinei no. 17, 700456, Romania
Abstract:   (49 Views)
Present paper aims to examine the legal implications of recent changes in the Romanian criminal procedure legislation and reflect both their impact on criminal procedure principles and incident issues of unconstitutionality. Recently, the Romanian Criminal Procedure Code has been amended with the entering into force of Law no. 75/2016, most changes targeting the preliminary chamber procedure. One of these changes provides the competence of the preliminary chamber judge from the hierarchically superior court invested to verify the legality and merits of preventive measures. However, the legislator has not provided an appeal against the solution given by this judge, context in which is affected the double degree of jurisdiction in criminal matters, as a procedural guarantee of the defendant s rights. Thus, an appeal against the decision of the preliminary chamber judge from the higher court, by which he rules on the legality and merits of preventive measures will be dismissed as inadmissible. We believe that this solution, of inadmissibility of the appeal is a mismatch between the legislative provisions of art. 348 par. 2 and art. 205 par. 1 Criminal Procedure Code and that the intention of the legislator was not to eliminate a degree of jurisdiction. Paradoxically, the purpose of the new amendments was to correlate the Criminal Procedure Code with recent jurisprudence of the Constitutional Court of Romania, purpose that not only has not been achieved, but likely to rise new controversies about both preliminary chamber procedure in its entirety, and on verification of preventive measures within it. © 2016 The Authors. Published by European Science publishing Ltd. Selection and peer-review under responsibility of the Organizing Committee of European Science publishing Ltd.
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Received: 2019/08/7 | Accepted: 2019/08/7 | Published: 2019/08/7

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