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- Title
Probleme relevante privind modificările intervenite prin Legea nr. 2/2013 referitor la cazurile în care se poate face recurs prevăzute de dispoziţiile art. 385<sup>9</sup> C. pr. pen.
- Authors
GRIGA, Ioan
- Abstract
The paper aims at a detailed analysis of the changes brought by Law 2/2013 on some measures for relieving courts as published in the Official Gazette of Romania no. 89 part I of 12 February 2013 which came into force on 15 February 2013, on the particular cases when a judgment may be challenged in a criminal trial, as provided by art. 3859 of the Code of Criminal Procedure. Starting from the reasons behind the adoption of this law, specified in its rationale, that of "anticipatory introduction of the philosophy of the new Code of Criminal Procedure" and that of relieving the supreme court, the paper examines the changes occurred in the above-mentioned text, which consist in repealing certain cases when a judgment may be challenged for major illegalities, the extent to which these changes are beneficial and justified and the effects of these changes in practice, the author also expressing his opinion on the unconstitutionality and non-conformity with the European Convention of some of these changes.
- Subjects
ROMANIA; APPELLATE courts; CRIMINAL procedure; GAZETTES; CRIMINAL trials; LEGAL judgments
- Publication
Pandectele Române, 2013, Issue 6, p91
- ISSN
1582-4756
- Publication type
Article