EIRP Proceedings, Vol 13 (2018)

Controversial Issues on the Requests and the Exceptions Invoked in the Preliminary Chamber Procedure - Jurisprudential Issues

Sandra Gradinaru

Abstract


The present paper aims to analyze the stage of the preliminary chamber, phase of the criminal trialintroduced by the Romanian legislator with the adoption of the New Criminal Procedure Code. Preliminarychamber procedure is an element of novelty in the criminal process so law practitioners have encounterednumerous difficulties in applying the new provisions.If some of these difficulties were remedied either by theConstitutional Court or by the High Court of Cassation and Justice through the procedure for resolving issuesof law, a large part of the difficulty in interpreting the provisions governing the preliminary-ruling procedurewas left to the national jurisprudence.Present study aims at revealing the most frequent controversial issuesencountered in the practice of the courts, but especially in highlighting the non-unitary interpretationgenerated by their jurisprudence.The academic and practical interest lies in the fact that the present work canbe a useful legal instrument in unifying the non-unitary practice, all the more so as it analyzes the solutionsordered by courts of any degree and on the whole territory of the country.

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