Consequences of the decision of the constitutional court of romania no. 2/2017 On the extraordinary appeal path of the review

• Author: Mihaela Patraus - Darius-Dennis Patraus
• Position: Department of Public Law Faculty of Law - Faculty of Law 'Babes-Bolyai' University of Cluj-Napoca, Romania
• Pages: 68-75

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

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

No. 2 (2017), pp. 68-75

68

CONSEQUENCES OF THE DECISION OF THE CONSTITUTIONAL COURT OF

ROMANIA NO. 2/2017 ON THE EXTRAORDINARY APPEAL PATH OF THE

REVIEW

M.PĂTRĂUŞ, D.-D. PĂTRĂUŞ

Mihaela PĂTRĂUȘ

Department of Public Law

Faculty of Law

University of Oradea, Romania

*Correspondence: Mihaela Pătrăuş, Oradea, 26 General Magheru, Oradea, Romania

E-mail: mihaelapatraus@yahoo.com

Darius-Dennis PĂTRĂUȘ

Faculty of Law

“Babeș-Bolyai” University of Cluj-Napoca, Romania

E-mail: denispatraus@yahoo.com

ABSTRACT

The central element of this extraordinary appeal is the judicial error. The review involves

finding a legal error in the criminal case settled by a final judgment, which was based on an

erroneous assessment of the state of affairs. Exercising appeals does not create a new

procedural report, but only extends the initial report in this new procedural phase. In our

judicial system, the unanimous classification is that appeals are divided into two categories:

ordinary ways and extraordinary ways. Thus, before the decision, the case under Article 453

(1) (a) could be invoked as a ground for review only in favor of the convicted person or of the

one to whom the waiver of the punishment or deferment of the punishment or termination of

the criminal proceedings, if the review is aimed at obtaining an acquittal. Therefore, this case

of revision could not be used to the detriment of the person who was acquitted or who was

ordered to terminate the criminal proceedings, with the aim of reaching a decision on

conviction, renunciation of the punishment or postponement of the application punishment.

KEYWORDS: decision CCR 2/2017, extraordinary appeal, review, role of the prosecutor,

acquittal.

INTRODUCTION

In the course of criminal justice, some legal errors are possible that can spring for countless

reasons. Thus, legal errors are possible due to the fact that the court does not know the true

factual situation; the use of distorted evidence (due to criminal activities); corruption of

organs that have solved the cause; the existence of contradictory decisions

1

.

The essence of any remedy in criminal matters is that no judicial decision based on the

misconduct or misinterpretation of the legal norms or the erroneous preconceived factual

circumstances generated by a multitude of circumstances, some attributable to the judicial

bodies, others not imputable to them, do not come to produce the effects that a final judgment

in criminal matters may develop

2

. Therefore, in order to overcome any mistakes made at the

1

According to I. Neagu, Criminal Procedure Treaty, Ed. Pro, 1997, p.620.

2

According to M. V. Tudoran, The necessity of in troducing in the Criminal Procedure Code a new case of

revision of final criminal law rulings on Community law.in Law no. 10/2009, p. 180 .