Autor: Leontin CORAȘ
Publicat în: Revista Dreptul nr. 10/2016
Disponibil online: aici.
Titlul lucrării în engleză: Considerations regarding the necessity to regulate the virtual nullities in the Criminal Procedure Code
Abstract: The article presents the nullities in the Criminal Procedure Code and supports the necessity to regulate the virtual nullities through a common provision, allowing the appeal court to cancel the sentence of the court of first instance and to send the case back for re-examination to the court whose judgment has been cancelled, when the challenged sentence is annulled and the court examining the merits is required to give another sentence.
Keywords: virtual nullity; absolute nullity; relative nullity; judicial conversion; sending the case back for re-examination.