Theoretical and practical aspects regarding the phase of the pre-trial chamber phase in the criminal trial

• Author: Daniel Cretu - Camelia Maria Morareanu
• Position: Prosecutor's Office attached to the Costesti Court, Costesti, Romania - Faculty of Law and Administrative Sciences, Department of Law and Public Adminstration, University of Pitesti, Pitesti, Romania
• Pages: 41-45

AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro

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

No. 4 (2014), pp. 41-45

41

THEORETICAL AND PRACTICAL ASPECTS REGARDING THE PHASE OF THE

PRE-TRIAL CHAMBER PHASE IN THE CRIMINAL TRIAL

D. Creu

C. M. Morreanu

Daniel Creu

Prosecutor’s Office attached to the Costeti Court, Costeti, Romania

*Correspondence: Daniel Creu, Prosecutor’s Office attached to the Costeti Court,

1

st

Victoriei St., Costeti, Romania;

E-mail:

danielcretu2003@yahoo.com

Camelia Maria Morreanu

Faculty of Law and Administrative Sciences, Department of Law and Public Adminstration

University of Pitesti, Pitesti, Romania

*Correspondence: Camelia Maria Morreanu, University of Pitesti, 1

st

Tg din Vale St., Piteti

Romania;

E-mail:cameliamorareanu@yahoo.com

Abstract

The entrance into force of the new Criminal Procedure Code – namely of the Law No

135/2010 – on the 1

st

of February 2014, has brought in a series of modifications regarding

the so-called “phases of t he criminal trial”. This is why, explicitly for the Romanian

procedural legislation, was inserted by the legislator, before the trial itself, a pre-trial phase

– hearing in the pre-trial chamber. The details of this hearing shall be analyzed below.

Keywords: criminal trial, judge, trial phase, criminal investigation phase

Introduction

The pre-trial c hamber phase of the criminal trial is stated by Art 342-348 of the Code

of Criminal Procedure. This institution emerged from the perspective in incrementing the

celerity of the criminal trial, the new Criminal Procedure Code

1

being thought from the

perspective of closely stating the activity performed by the judicial authorities. By this new

phase of the criminal trial was aimed the compliance with the celerity of solving criminal

trials, and also a more effective use of human and financial resources.

The pre-trial chamber mainly analyzes the compliance by the criminal investigation

and prosecution authorities of all procedural rights, in this procedure the judge being able to

ex officio invoke exceptions, requests or exceptions may also be invoked by the other

participants in the criminal trial

2

.

What the new Criminal Procedure Code stated, as novelty, is the impossibi lity of

refund the case file to the prosecutor during the trial, due to the fact that the judge in the pre-

trial chamber analyzes the legality of evidences and of the indictment.

This is totally different than the old regulation, because the previous Criminal

Procedure Code

3

stated that the indictment submitted by the prosecutor to enter directly into

the criminal tri al phase. Also, as a novelty element, in the pre-trial chamber emerged the





Law No 135/2010, published in the Official Gazette of Rom ania, Part I, No 486/15 July 2010.

2

According to Art 345 Para 1 of the new Code of Criminal P rocedure.



3

Adopted by the Law No 29/1968, published in the Official Bulletin, No 145-146/12 November 1968, with its

subsequent modifications and amendments.

