20 research outputs found

    Preliminary chamber - evolution or involution in the romanian criminal procedure

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    This paper deals with two aspects referring to the procedure of the preliminary chamber, which could raise questions about the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights: is the judge of the preliminary chamber compatible to judge the case on the merits, does the exclusively written and non-contradictory procedure respect the guarantee of the fair trial? The analysis of the two issues was made by comparing it with the Italian system, where our legislator inspired from

    Controversial issues regarding the institution of prescription in criminal law

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    This study displays certain controversial issues related to the prescription of criminal liability and the prescription of the punishment execution , analyzing them both theoretically and practically, based on the resolutions of the courts in Romania. Thus, the study debates upon the acts that can lead to interruption of the course of prescription and the punishment to be taken into account when calculating the prescription period of the punishment execution ,as well as upon the relevance of the period when the trial was suspended in the course of adjudication in what concerns the plea of unconstitutionality, under the former regulations in this matter
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