Considerations relating to certain aspects of the appeal in the criminal procedure

AuthorBarbu Denisa
PositionFaculty of Law and Administrative Sciences, Department of Administrative Sciences Valahia University of Târgoviste, Târgoviste, Romania
Pages12-18
AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2016), pp. 12-11
12
CONSIDERATIONS RELATING TO CERTAIN ASPECTS OF THE
APPEAL IN THE CRIMINAL PROCEDURE
D. Barbu
Denisa Barbu*
Faculty of Law and Administrative Sciences, Department of Administrative Sciences
Valahia University of Târgoviște, Târgoviște, Romania
*Correspondence Denisa Barbu, Valahia University of Târgoviște, Târgoviște, Romania
E-mail:
ABSTRACT
The appeal constitutes a judicial mechanism made available to consumers and to the
Prosecutor that aims straight for errors committed by a Court of law in its approach of
jurisdiction. The term judicial error must be understood in this context as defined in its broad,
drawing together both errors of fact and errors of law. Therefore, the appeal is made for the
one dissatisfied with the Court decision as a veritable juridical panacea.
The role of the right of appeal is not limited to conferring the possibility of requesting
a new retrial of the case. They serve the interests of private individuals higher interests, being
accused of public order needs. Thus, the existence of remedies is required by principles such
as finding out the truth, the right to a fair trial and the reasons for the population’s
confidence in the judiciary or the respect due to justice.
The new code of criminal procedure
1
has reformed the system of appeal may be
exercised in criminal matters, giving them a generous space between regulators, art. 408 and
470. We meet thus, in penal matters, the following remedies: appeal, opposition, and
cancellation, opposition in cassation, review and reopening of criminal trial resulting from
the absence of the person convicted. Distinct from these, we encounter the complaint which
may be made against preventive measures (judicial review and judicial control on security)
prepared by the Prosecutor during criminal proceedings and which is addressed to judge
rights and freedoms. Still exemplifying, we may meet and demand the cancellation or
reduction of the fine, governed by art. 284 of NCPP, and the examples do not stop there. We
must note that, in our opinion these latter examples may be considered legal remedies only in
the usage of the term largo sensu „remedy”. From the etymological point of view, the appeal
originates in French, designating a claim appel, a calling application, a request etc.
addressed to persons or institutions in order that the latter to settle claims by the appellant.
KEY WORDS: remedies, appeal, procedure remedy, judgment
1. BRIEF DETAILS OF EXISTING REMEDIES IN CRIMINAL MATTERS
Existential reasons and the functions of appeal differ in the ratio of specifics in each of
them, but they may be regarded as having a common denominator, that of ensuring the right
to a double degree of jurisdiction. The right to a double degree of jurisdiction in criminal
matters is provided for in art. 2 paragraph 1 of Protocol No. 7 additional to the European
* The work is developed during the project sustainability with the title doctoral studies and postdoctoral
Horizon 2020: national interest by promoting excellence, com petitiveness and accountability in Romanian
fundamental and applied scientific research, contract id entification number POSDRU/159/1.5/S/140106. The
project is co-financed by the European Social Fund through the Sectorial Operational Program of Human
Resources Development 2007-2013. Invest in people!
1
The law no. 135/2010, published in O.M. Part I, no. 486 of 15 July 2010, with amendments and completions,
NCPP.

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