Certain Reflections on the Legal Framework Governing the Resumption of Preliminary Chamber Proceedings
Keywords:
Preliminary Chamber; suspect; defendant; criminal proceedings; resumption of preliminary chamber proceedingsAbstract
According to the Explanatory Memorandum accompanying Law No. 135/2010 on the Code of Criminal Procedure, the Preliminary Chamber was intended as a new and innovative institution within the framework of criminal procedural law. It was introduced with the aim of establishing a modern legislative framework designed to eliminate excessive delays in trial proceedings and to vest a judicial body with competence to resolve matters related to the lawfulness of the indictment and the admissibility of evidence. In this way, the institution ensures the prerequisites for expeditious adjudication of the case on the merits, while also addressing deficiencies that have led to Romania being condemned by the European Court of Human Rights for violations of the right to a trial within a reasonable time.
References
Constitutional Court, Decision No. 802/2017, published in Official Gazette No. 116 of February 6, 2018.
Decree No. 473/1957, published in Official Bulletin No. 26 of September 30, 1957, available online at idrept.ro.
Decree No. 506/1953, published in Official Bulletin No. 53 of December 14, 1953, available online at idrept.ro.
High Court of Cassation and Justice, Decision No. 14/2018, published in Official Gazette No. 765 of September 5, 2018.
Law No. 3/1956 amending the Code of Criminal Procedure of the People's Republic of Romania, published in Official Bulletin No. 11 of April 4, 1956, available online at idrept.ro.
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Uzlău, A.S. (ed.), Moroșanu, R., Voicu, C., Văduva, V., Tudor, G., Atasiei, D., Ghigheci, C., Gheorghe, T.V., Chiriță, C.M., & Manea, T. (2017). The Code of Criminal Procedure – Commentary, 3rd edition. Bucharest: Hamangiu
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Volonciu, N. (1956). Amendments to the Code of Criminal Procedure of the People's Republic of Romania. Journal of Social Sciences – Legal Sciences, No. 6.
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