A short presentation of the preliminary chamber as the phase in the criminal proceedings

Autor: Denisa BARBU
Publicat în: Challenges of the Knowledge Society 2018
Disponibil online: aici.
Abstract: The current Code of Criminal Procedure brings important changes to some of the institutions of the old code of criminal procedure, but it also establishes a number of new institutions that did not exist in our criminal law. Based on these considerations, we have appreciated that at this time, in view of the consolidation of the legislation in the field, it is useful to design a work that examines the competence of the preliminary chamber judge. The paper follows the new configuration of the institutions, especially the one concerning the preliminary chamber judge. The criminal trial knows the preliminary chamber phase, usually, located after the criminal investigation phase and before the trial phase. The Preliminary Chamber judge is not a training judge as provided for in the Romanian inter-war criminal law or in the French criminal proceedings, and has no competence in collecting evidence, discovering the offender or its participants, or analysing the merits of the accusation or in bringing the defendants to justice. Even if the Preliminary Chamber judge does not verify the merits of the evidence or the trial, its role is as important as the role of the court, since its rulings on the lawfulness of the prosecution can have a significant reflex on the settlement criminal proceedings, given that the basis of any criminal proceedings is the probation.
Keywords: jurisdiction; Preliminary chamber; Criminal investigation; competence; comparative analysis.