Autor: Mihai OLARIU
Publicat în: Challenges of the Knowledge Society, 2018
Disponibil online: aici.
Abstract: According to the provisions of the Code of Criminal Procedure of 1968, a typical structure of the criminal proceedings included three phases: criminal prosecution, judgment and enforcement of final criminal decision; each such phase was delimited by certain proceedings-related acts and, within each of these phases, certain categories of judicial bodies exercised their duties. Upon the coming into force of the New Code of Criminal Procedure, the criminal proceedings, along with the criminal prosecution, judgment and enforcement of the criminal decision, include a new phase, namely the preliminary chamber. The purpose of the procedure in the preliminary chamber is to verify, after the indictment, the competence and legality of seizing the court, as well as to verify the legality of evidence gathered and the procedural acts undertaken by the criminal prosecution bodies.
Keywords: proceedings phases; criminal prosecution; preliminary chamber; judgment; enforcement of final criminal decisions.