The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure
Aiming to ensure the celerity of the Romanian criminal trial, the legislative changes of the present Code of Criminal Procedure through Law no. 202/2010 have impacted also the matter of appeals, leading to fewer degrees of jurisdiction in most criminal cases.The actual Romanian Code of Criminal Proc...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2012-06-01
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| Series: | Juridical Tribune |
| Subjects: | |
| Online Access: | http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art2_en.pdf |
| _version_ | 1797218964983513088 |
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| author | Anca-Lelia LORINCZ |
| author_facet | Anca-Lelia LORINCZ |
| author_sort | Anca-Lelia LORINCZ |
| collection | DOAJ |
| description | Aiming to ensure the celerity of the Romanian criminal trial, the legislative changes of the present Code of Criminal Procedure through Law no. 202/2010 have impacted also the matter of appeals, leading to fewer degrees of jurisdiction in most criminal cases.The actual Romanian Code of Criminal Procedure governs, as a general rule, the triple level of jurisdiction in criminal matters, dedicating two ordinary means of attack: the appeal and the recourse; consequently to the legislative changes of the present Code of Criminal Procedure (through Law no.202/2010), only the cases that are first trialed in a court can still undergo both ordinary means of attack. Also, Law no.135/2010 regarding the new Code of Criminal Procedure brings changes with regard to ordinary means of attack, and, implicitly, with regard to the levels of jurisdiction. Thus, with the purpose of ensuring the celerity of the criminal trial and the acceleration of the settlement of the criminal cases, under the circumstances in which there will be an increase of guarantees in the criminal prosecution phase and in the first instance trial, in the matter of means of attack the new code stipulates the ordinary means of attack of appeal, fully devolutive. Regarding the recourse, this will become an extraordinary means of attack (under the name of recourse in cassation), exercised only in exceptional cases and only for reasons of illegality. |
| first_indexed | 2024-04-24T12:26:07Z |
| format | Article |
| id | doaj.art-3b9e2814fc6943678394dba099a07c5f |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:26:07Z |
| publishDate | 2012-06-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-3b9e2814fc6943678394dba099a07c5f2024-04-08T07:43:04ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822012-06-01214049The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal ProcedureAnca-Lelia LORINCZAiming to ensure the celerity of the Romanian criminal trial, the legislative changes of the present Code of Criminal Procedure through Law no. 202/2010 have impacted also the matter of appeals, leading to fewer degrees of jurisdiction in most criminal cases.The actual Romanian Code of Criminal Procedure governs, as a general rule, the triple level of jurisdiction in criminal matters, dedicating two ordinary means of attack: the appeal and the recourse; consequently to the legislative changes of the present Code of Criminal Procedure (through Law no.202/2010), only the cases that are first trialed in a court can still undergo both ordinary means of attack. Also, Law no.135/2010 regarding the new Code of Criminal Procedure brings changes with regard to ordinary means of attack, and, implicitly, with regard to the levels of jurisdiction. Thus, with the purpose of ensuring the celerity of the criminal trial and the acceleration of the settlement of the criminal cases, under the circumstances in which there will be an increase of guarantees in the criminal prosecution phase and in the first instance trial, in the matter of means of attack the new code stipulates the ordinary means of attack of appeal, fully devolutive. Regarding the recourse, this will become an extraordinary means of attack (under the name of recourse in cassation), exercised only in exceptional cases and only for reasons of illegality.http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art2_en.pdfcelerityordinary means of attackcriminal caselegislative changesthe new Code of Criminal Procedure |
| spellingShingle | Anca-Lelia LORINCZ The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure Juridical Tribune celerity ordinary means of attack criminal case legislative changes the new Code of Criminal Procedure |
| title | The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure |
| title_full | The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure |
| title_fullStr | The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure |
| title_full_unstemmed | The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure |
| title_short | The ordinary means of appeal in criminal law, from the perspective of the provisions of Law no. 202/2010 (“the small reform”) and of the new Code of Criminal Procedure |
| title_sort | ordinary means of appeal in criminal law from the perspective of the provisions of law no 202 2010 the small reform and of the new code of criminal procedure |
| topic | celerity ordinary means of attack criminal case legislative changes the new Code of Criminal Procedure |
| url | http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art2_en.pdf |
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