Autor: Flaviu CIOPEC

Publicat în: Journal Of Eastern European Criminal Law no. 1/2014

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Abstract: Starting with February 2014, Romania has the latest code of criminal procedure of Europe. A historical opportunity to overtake, adapt and elaborate a legislative work which would enjoy the latest solutions in a huge stake matter. The criminal justice represents to Romania a touchstone, often used in order to verify the progress we have been achieving as a state in the eyes of Europe. The present study aims at identifying the measure in which novelty at a formal level can be associated with efficient innovation in substance, i.e. the measure in which the new code is a professional benchmark as well. Our attempt goes beyond the borders of descriptive and analytical, being critical as well, regarding those provisions of the new code which do not provide the best solutions. We have concluded with a diagnosis of the performances of the new code, supporting the idea that such assessments, although risky, are necessary however in this early stage.

Keywords: Code of Criminal Procedure; Romania; innovation; mimetism; critics.