Certain considerations on the 'destiny' of the preliminary chamber institution in the current legal framework

• Author: Anca-Lelia Lorincz - Catalin Marin
• Position: Doctoral Studies Department, Faculty of Legal and Administrative Sciences, Criminal Law Department, 'Alexandru IoanCuza' Police Academy in Bucharest, Romania - PhD student within 'Alexandru IoanCuza' Police Academy in Bucharest, Romania
• Pages: 30-39

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2018), pp. 30-39

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CERTAIN CONSIDERATIONS ON THE “DESTINY” OF THE PRELIMINARY

CHAMBER INSTITUTION IN THE CURRENT LEGAL FRAMEWORK

A.L. LORINCZ, C. MARIN

Anca-Lelia LORINCZ, PhD

Doctoral Studies Department / Faculty of Legal and Administrative Sciences, Criminal Law

Department, “Alexandru IoanCuza” Police Academy in Bucharest, Romania

Mail address: AleeaPrivighetorilor, nr. 1-3, Sector 1, Bucharest, Romania

E-mail: lelia.lorincz@gmail.com

Cătălin MARIN

PhD student within “Alexandru IoanCuza” Police Academy in Bucharest, Romania - Law

Mail address: Șoseaua Pavel Dimitrievici Kiseleff, nr. 55, Sector 1, Bucharest

E-mail: catalin.marin@dragne.ro

ABSTRACT

The preliminary chamber is a stage preceding the ruling on the merits of the case. By

regulating this institution, the purpose of the Romanian legislator was to eliminate the

possibility to raise certain causes of unlawfulness of the criminal prosecution acts carried out

during the trial phase. The aim of this scientific research is to highlight certain aspects

concerning the purpose of the preliminary chamber procedure, while also militating for its

maintenance in the Romanian Criminal Procedure Code.

KEYWORDS: preliminary chamber, preparatory session, principle of lawfulness,

indictment, celerity.

INTRODUCTION

Regarding the need to regulate the preliminary chamber procedure, the initiator of the

current Romanian Criminal Procedure code has shown that

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the purpose of this new trial

stage is to respond to the lawfulness, celerity and equity requirements in the criminal trial in

our country. In the light of the content of the provisions regulating the preliminary chamber

institution, through the solutions that the competent judge may order, the purpose was to

ensure the celerity of the ruling on the merits of the case, subject to the observance of the

lawfulness of the criminal prosecution.

The preliminary chamber procedure is not, however, completely new in the Romanian

criminal trial architecture, considering that the general criminal trial law included such a

regulation in the past, referred to as the “preparatory meeting”, introduced in the 1936

Criminal Procedure Code through the Decree no. 506/1953.

I. PRELIMINARY CONSIDERATIONS

The enforcement of the current Romanian Criminal Procedure Code brought quite

some novelties in the field of the Romanian criminal trial, the preliminary chamber being one

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T he substantiation note to the New Criminal Procedure Code, according to the Ministry of Justice webpage

http://www.just.ro, visited on 23.09.2018.