Autor: Andrei ZARAFIU
Publicat în: Challenges of the Knowledge Society 2017
Disponibil online: aici.
Abstract: The dynamic evolution of the new fundamental law in criminal matters triggered serious challenges in the adaptation process to the new legal realities of the Romanian legal system, as a whole.
Within the seeming conclusion of the transition period given by the profound change of the criminal substantial and procedural regulations, the new dimensions of the functional relation between the two classes of authorities who perform main judicial functions have been clarified: prosecutors and courts of law. The action that refers to the way functional competency is transferred from the investigating authorities to decisional authorities and through which the progressive route of the criminal trial passes from the preliminary stage, the investigation stage, to the trial stage and that of the actual dispute settlement is an essential element of this relation. The study aims to identify and analyse some of the most important court trial matters or issues that might occur in the recent practice with regards to observing the legal standards of form and contents of the deed of intimation lodged with the court of law. Equally, the theoretical analysis and the jurisprudence tackles to identify certain actual resources in order to render efficient mechanisms submitted to assessment.
Keywords: deed of intimation; form; effects; limits; legality.