THE PRINCIPLE OF SEPARATION OF JUDICIAL FUNCTIONS

• Main Author: Denisa BARBU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2016-05-01
• Series: Challenges of the Knowledge Society
• Subjects: right to defence; presumption of innocence; guaranteeing the freedom of the person; the legality; the separation of judicial functions.
• Online Access: http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=01_criminal_law%2F&download=CKS+2016_criminal_law_art.003.pdf

The fundamental principles of the criminal procedure are general rules applicable throughout the criminal procedure in order to achieve its purpose. The fundamental principles are covered by art. 2-12 C.C.P. and are: the legality of criminal procedure, separating the functions of the judiciary, the presumption of innocence, finding out the truth, ne bis in idem, a requirement for moving and exercising penal action, is fair and reasonable term of the criminal trial, the right to liberty and security, the right to defence, respect for human dignity and privacy, the official language and the right to an interpreter. The European Court of Human Rights is conscious that by protecting the fundamental principles it does not only aim at the protection of super eminence of the inextricably right tied to the state of law. These principles represent a set of obligations imposed on the State that has as the sole purpose the protection of fundamental rights and freedoms.