We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
5. Plângere împotriva ordonanței de clasare. Limitele învestirii judecătorului de cameră preliminară. Hotărâri judecătoreşti civile care se pot încadra în instituția autorității de lucru judecat şi cea a chestiunilor prealabile. Comentariu de jurisprudență.
- Abstract
Being a true appeal, the complaint against the order of designation determines for the judge of the preliminary room certain limits within which he will examine the legality and validity of the solution ordered by the prosecutor, noting that this approach procedure involves an analysis of the solution by means of the facts set on the basis of the administered evidence, without the judge being bound by the legal classification established during the criminal prosecution. When defenses are based on judgments ordered in other materials than the criminal, it is necessary to check the conditions of res judicata and the preliminary issues, since the aspects once untied definitively by a court must remain as if the state of affairs remains unchanged and is not allowed to be subject to re-evaluation and reinterpretation by other courts, whenever the parties want in various forms to bring them back into their discussion. This is also true if the offenses relate to the constituent elements of the different offenses, except those establishing their existence, which is the exclusive attribute of the criminal courts.
- Subjects
CRIMINAL courts; PROSECUTION; CRIME; COURTS; JUDGES
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p416
- ISSN
1844-6450
- Publication type
Article