THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION
Article 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2012-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_023.pdf |
| _version_ | 1811314323552731136 |
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| author | SIMONA TACHE |
| author_facet | SIMONA TACHE |
| author_sort | SIMONA TACHE |
| collection | DOAJ |
| description | Article 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the retrial procedure after extradition have a distinct finality: if the review involves removal of essential errors to the facts withheld in a final decision, the purpose of referral back to court in case of extradition is to guarantee the right of of extradited person, who was tried and convicted in the absence, to have a fair trial and, mainly, to exercise the right to defence in a new procedural cycle, which implies the possibility for the person to be heard, to question the witnesses or other parts of the process and to administer favorable evidence, both on the facts, as well as circumstantial. |
| first_indexed | 2024-04-13T11:10:59Z |
| format | Article |
| id | doaj.art-4c6b0dfd8b5c416fa5589d2917303535 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 |
| language | English |
| last_indexed | 2024-04-13T11:10:59Z |
| publishDate | 2012-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-4c6b0dfd8b5c416fa5589d29173035352022-12-22T02:49:08ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962012-05-012-215226THE REFERRAL BACK TO COURT IN CASE OF EXTRADITIONSIMONA TACHEArticle 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the retrial procedure after extradition have a distinct finality: if the review involves removal of essential errors to the facts withheld in a final decision, the purpose of referral back to court in case of extradition is to guarantee the right of of extradited person, who was tried and convicted in the absence, to have a fair trial and, mainly, to exercise the right to defence in a new procedural cycle, which implies the possibility for the person to be heard, to question the witnesses or other parts of the process and to administer favorable evidence, both on the facts, as well as circumstantial.http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_023.pdfextraditionreviewtrialjudgementconviction |
| spellingShingle | SIMONA TACHE THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION Challenges of the Knowledge Society extradition review trial judgement conviction |
| title | THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION |
| title_full | THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION |
| title_fullStr | THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION |
| title_full_unstemmed | THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION |
| title_short | THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION |
| title_sort | referral back to court in case of extradition |
| topic | extradition review trial judgement conviction |
| url | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_023.pdf |
| work_keys_str_mv | AT simonatache thereferralbacktocourtincaseofextradition AT simonatache referralbacktocourtincaseofextradition |