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- Title
Unele considerații privind reglementarea la nivel european a comisiei rogatorii internaţionale în comparație cu comisia rogatorie clasică reglementată de dreptul intern.
- Authors
VINȚELER, Ada TETEAN
- Abstract
The international letter rogatory is defined in art. 173 of Law no. 302/2004 as the form of judicial assistance which consists of the mandate issued by a judicial authority from one state to a judicial authority from a different state, through which the foreign judicial authority is mandated to carry out certain judicial activities regarding a criminal trial in the place and name of the issuing judicial authority. Internally, the classic rogatory letter is regulated under art. 132 of the Criminal Procedure Code, which has the following content: "When a criminal investigation body or a court of justice does not have the possibility hear a witness, carry out a field research, seize some objects or carry out any other procedural act, it may reach out to a different criminal investigation body or a different court which has the possibility to carry out these acts". Starting from these regulations and the opinions expressed in academia, we have tried to show certain differences between the classic rogatory letters and the international ones with the purpose of emphasizing the necessity of harmonizing the norms regulating the international rogatory letter and the internal one. In this respect we have analyzed the following aspects: to what degree do the parties have the possibility to participate in the classic rogatory letter, as well as the international one; to what degree can hearing the defendant be an object of a rogatory letter, both internally and internationally; is the condition of double-incrimination required for carrying out a rogatory letter in criminal law and last but not least can the presentation of the criminal investigation file be the object of a rogatory letter, be it internal or international.
- Subjects
LETTERS rogatory; LEGAL evidence; JUDICIAL assistance; COURTS; CRIME scenes; LAW enforcement; CRIMINAL law
- Publication
Criminal Law Writings / Caiete de Drept Penal, 2013, Issue 3, p99
- ISSN
1841-6047
- Publication type
Article