1. DE LA „RECURS” LA „RECURS ÎN CASAŢIE” ÎN REGLEMENTAREA NOULUI COD DE PROCEDURĂ PENALĂ.
- Author
-
Anca-Lelia, LORINCZ
- Abstract
The new code of criminal procedure, which entered into force on 1 February 2014, bringing substantial changes as regards all institutions of criminal procedural law, including the matter of appeals. The intention to meet the requirements of the European Court of human rights and to comply with the European Convention for the protection of human rights and fundamental freedoms, for ensuring the celerity by deploying its criminal process in a reasonable time, the Romanian legislator has reconfigured the system of appeal, reducing the number of degrees of jurisdiction. In this context, the new legislation provides for penal procedure law one way an ordinary attack -the appeal, the recourse of becoming an extraordinary way of attack, as the recourse in cassation, exercised only in cases specifically provided for by law and only on grounds of illegality. The recourse in cassation is the extraordinary way of attack, which may be exercised, as a rule, decisions handed down by the courts of appeal, in certain cases provided for by law, limiting the purpose of which is to make the High Court of Cassation and Justice decision subject to compliance with the judgment of the rules of the applicable law. [ABSTRACT FROM AUTHOR]
- Published
- 2014