Some reflections on the concept of basic rules of the criminal trial

• Author: Nicolae Grofu
• Position: Acad. Andrei Radulescu' Legal Research Institute The Romanian Academy, Bucharest, Romania
• Pages: 72-78

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

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

No. 1 (2013), pp. 72-78

72

SOME REFLECTIONS ON THE CONCEPT OF

BASIC RULES OF THE CRIMINAL TRIAL

N. Grofu

Nicolae Grofu

“Acad. Andrei Rdulescu” Legal Research Institute

The Romanian Academy, Bucharest, Romania

*Correspondence: Nicolae Grofu, 13 Calea 13 Septembrie St., Bucharest, Romania

E-mail: nicugrofu@yahoo.com

Abstract

The article presents some considerations on the procedural provisions regarding the

basic rules of the criminal trial, as they are regulated under the Criminal Procedure Code.

The author critically analyses the provisions of the new Criminal Procedure Code, through

which the fundamentals of the criminal procedure law are set up, reported to the provisions of

the existing Criminal Procedure Code.

Keywords: basic rules of the criminal trial, the new Criminal Procedure Code, the

principles of the criminal procedure law.

Introduction

The basic rules of the criminal case are criminal procedural norms acting as

fundamental principles, which express, as judicial norms, the content of the conception and

the criminal procedure policy principles, which set the basis of the existing Criminal

Procedure Code and, at the same time, also represent main orientations in applying criminal

procedure norms

1

. The fundamental principles of the criminal case represent the most general

rules upon which the structure and the entire evolution of the criminal case are based

2

, unlike

other principles that represent a maximal generalization of legal norms

3

.

Although reported to the source and the role fulfilled in the course of the criminal case,

the basic rules appear normatively not only as fundamental principles, but also as irrefragable

orientations, which do not admit any exception; however, the orientations included in the basic

rules of the criminal case have a sort of relativity degree, because in certain situations

4

, for

prevalent arguments, the incidence of some basic rules had to be eliminated

5

.

1

See V. Dongoroz, Regulile de baz i aciunile în procesul penal, in “Explicaii teoretice ale Codului de

procedur penal. P artea general” by V. Dongoroz, S. Kahane, G. Antoniu, C. Bulai, N. Iliescu, R. M. Stnoiu,, vol.

I, “Academiei Române” Publishing House, Bucharest, 1975, p. 4 0.

2

See G. Theodoru, Tratat de Drept procesual penal, 2

nd

Edition, “Hamangiu” Publishing House, Bucharest,

2008, p. 70.

3

See G. Geamnu, Principiile fund amentale ale dreptului internaional contemporan, “Didactic i Pedagogic”

Publishing House, Bucharest, 1967, p. 15.

4

Such as if a legal extra-procedural act or fact would come up (amnesty, conciliation among parties,

prescription).

5

See V. Dongoroz, Regulile de baz, supra cit., p. 40.