Autor: Mihaela Cătălina Scafeș (Opran)

Publicat în: Revista de Științe Juridice nr. 1/2020

Disponibil online: aici.

Free access to justice in the criminal proceedings of the civilly responsible party

Abstract: The Constitutional Court of Romania ruled that the provisions of art. 21 paragraph 1 of the Code of criminal procedure referred to art. 342 et seq. are unconstitutional, stating that the term provided by art. 21 paragraph 1 violates the right of free access to justice provided by art. 6 of the European Convention on Human Rights. In the given case, the legal person, as a civilly responsible party in a case before the Baia Mare First Court, considered that the term provided by art. 21 paragraph 1, which limits the procedural term until the civilly responsible party can be brought in the proceedings, by the interested party, at the latest to the beginning of the judicial inquiry, violates its right to make requests and raise exceptions regarding the legality of the evidence administration by the criminal investigation bodies in phase of the preliminary chamber procedure.

Keywords: civilly responsible part; preliminary chamber procedure; free access to justice; criminal procedure