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- Title
DESFIINŢAREA CU TRIMITERE SPRE REJUDECARE ÎN PROCESUL PENAL. NULITĂŢI ABSOLUTE ŞI RELATIVE. DEZVOLTARE JURISPRUDENŢIALĂ ŞI APLICARE DIRECTĂ A CONVENŢIEI CEDO.
- Authors
STAN, Adrian
- Abstract
We propose in this analysis, without asserting to fully treat criminal appeal, to underline certain aspects related to one of the solutions of the appeal, by which the Courts of Appeal or the High Court decide that a new judgment of the merits of the cause in an appeal is not an effective remedy, due to the serious infringement of the law by the first courts, deciding the return of their file to be re-judged, under lawsuit fairness conditions. The re-judgment of the cause by the court having ruled the decision is a procedural remedy by which the court of appeal returns the file to be re-judged by the first court or by the competent court, in case the judgment occurred with the infringement of principles of the criminal lawsuit, or with the failure to meet dispositions established with falling within absolute or relative nullity sanction. First of all, we debate the situation when the judge of the merits is different than the one having decided the admission of the judgment, in which case, the first court does not rule on actions related to the performance of the criminal investigation, of the cases when a party has not been duly serviced and of the aggravation of the defendant-appellant's situation as consequence of the re-judgment. We shall also analyze the cases when, although the procedure code does not provide for expressly, the courts of appeal refer the cause to be re-judged, like the failure to discuss the legal classification, the failure to administer evidences during the indictment or the total failure to motivate the judgment of the merits, when the ECHR principles of a fair lawsuit are directly applied in the appeal.
- Publication
Universul Juridic, 2017, Issue 10, p5
- ISSN
2393-3445
- Publication type
Article