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
SUMMARY

The entrance into force of the new Criminal Procedure Code - namely of the Law No 135/2010 - on the 1st of February 2014, has brought in a series of modifications regarding the so-called "phases of the 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... (see full summary)

 
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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. Creu
C. M. Morreanu
Daniel Creu
Prosecutor’s Office attached to the Costeti Court, Costeti, Romania
*Correspondence: Daniel Creu, Prosecutor’s Office attached to the Costeti Court,
1
st
Victoriei St., Costeti, Romania;
E-mail:
danielcretu2003@yahoo.com
Camelia Maria Morreanu
Faculty of Law and Administrative Sciences, Department of Law and Public Adminstration
University of Pitesti, Pitesti, Romania
*Correspondence: Camelia Maria Morreanu, University of Pitesti, 1
st
Tg din Vale St., Piteti
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.

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