On the limits and consequences of the case splitting in the Romanian criminal procedure system

Autor: Andrei ZARAFIU, Radu SLĂVOIU
Publicat în: Challenges of the Knowledge Society, 2019
Disponibil online: aici.
Abstract: In the Romanian criminal justice system, the framework or procedural context in which one of the two main judicial functions is exercised – dealing with essential elements of the conflict report – is not fixed but flexible. The current study aims to analyze some of the procedural manifestations of case splitting, one of the legally accepted operations that have as purpose to modify the procedural framework. The analysis seeks to identify not only the general pattern in which case splitting may occur, but also the possible solutions to overcome any impediments or incidents generated by the actual application / enforcement of this operation. Last but not least, the study also suggests making changes to the incidental regulatory framework, where it lacks efficiency.
Keywords: case splitting; procedural incident; boundaries; effects; prohibitions.