Autor: Mihai GIURGEA, Ioan LAZĂR

Publicat în: Revista Dreptul nr. 11/2017

Disponibil onlineaici.

Titlul lucrării în engleză: Controversial aspects in the matter of criminal processual sanctions

Abstract: The purpose of imposing the criminal processual sanctions is to respect the principle of legality that governs the criminal trial. The principle of legality, established in Article 2 of the Criminal Procedure Code, is the fundamental principle of the criminal trial according to which the conduct of the entire criminal trial, namely in all its phases (criminal prosecution, preliminary chamber, judgment, enforcement phase), takes place strictly according to the provisions stipulated by the law. The effects of this principle are materialized in a series of processual guarantees, one of the most powerful guarantees of the fulfilment of the processual and procedural acts according to the legal rules being precisely the processual sanctions. The problems which arise in the practice in connection with the application and interpretation of the regulations incidental in the matter of criminal processual sanctions have led us to proceed to the elaboration of this study.

Keywords: criminal processual sanctions; principle of legality; inadmissibility; loss of right; nullity; exclusion of unlawfully or unfairly administered evidence.