Autor: Liana IACOB, Florentina FRUMUȘANU
Publicat în: Revista Universul Juridic nr. 1/2016
Disponibil online: aici.
Titlul lucrării în engleză: Introduction of a party with civil liability in the criminal proceedings: constitutionality issues
Abstract: In this study, the authors examine, by referring to the evolutions of the recent constitutional and conventional case law, the applicable regulation in the matter of participation of a party with civil liability in the criminal proceedings, in order to show any deviation from the constitutional standard which may, in the issue, affect the lawfulness of the final criminal decision and the process for restoration of the position prior to the commission of the crime, by recovering damages.
The structure and the body of the study reveal the comments on the trans-border organized crime, on the solutions of the Code of criminal procedure, on the institution of introduction of a party with civil liability in the criminal proceedings, on the regulation of the year 1969, on the provisions of art. 20 par. (1) and art. 21 par. (1) of the Code of criminal procedure, on the recent case law of the Constitutional Court of Romania, on the participation of the party with civil liability in the preliminary chamber procedure, on ensuring compliance with the constitutional rule and case law, on the enforcement of art. 6 of the European Convention of Human Rights.
Finally, the authors put forward certain proposals as regards the parties’ introduction in the proceedings.
Keywords: party with civil liability; criminal proceedings; case law; preliminary chamber procedure.