Autor: Liana Iacob

Publicat în: Revista Universul juridic nr.8/2018

Disponibil onlineaici.

Abstract: This article attempts to answer the question whether decisions ruled by preliminary chamber
judges (when discharging their prerogatives of verifying the legality of the indictment, as well as of
the lawfulness of evidence entered into the record for trial by prosecution and of the pre-trial
investigation) may be seen as enjoying full authority as ‘matter already judged’ (i.e., res judicata”)
under the legislation currently in force, in light of the recent evolutions of the constitutional
jurisprudence; or whether, to the contrary, the ‘matter already judged’ effects of preliminary chamber
judge decisions should be construed as limited in time, and similar to other categories of judicial
decisions, such as, for example, decisions ruled on preventative measures or on the delay or
interruption of the enforcement of conviction decisions.

Keywords: preliminary chamber, preliminary chamber judge, preliminary chamber decisions,
res judicata, Constitutional Court, Criminal Procedure Code