Reduction of Number of Degrees of Jurisdiction through the „Small Reform”

• Main Author: Anca-Lelia LORINCZ
• Format: Article
• Language: English
• Published: Danubius University 2011-08-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: celerity; degrees of jurisdiction; criminal case; legislative amendments; new Criminal Procedure Code
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/969/810

This paper is dedicated to analysis the impact of some dispositions in Law no. 202/2010 regarding the degrees of jurisdiction in criminal cases. Although it is not expressly regulated by the Romanian Criminal Procedure Code, the celerity is required as fundamental principle of the criminal trial, assuming the requirement that the conduct of the criminal trial and the settlement of the criminal cases should take place as soon as possible. The principle of celerity is combined though with the fundamental principle of disclosure of truth in the criminal trial (Art.3 of the Criminal Procedure Code), requiring the insurance of a balance between the need to accelerate the procedures for settlement of the cases in a reasonable time and the need to run through more degrees of jurisdiction for the proper settlement of these cases. The author try to demonstrate that in order to ensure the celerity of the Romanian criminal trial, the latest legislative amendments to the Criminal Procedure Code (by Law no. 202/2010) also lead to the reduction of the number of degrees of jurisdiction in most of the criminal cases, without this to affect, though, the application of principle of disclosure of truth. In order to achieve better results the analysis is based on survey, observation, comparison of various dispositions (Law no. 202/2010, the 1968 Criminal Procedure Code, the new Criminal Procedure Code) and systematization of the available doctrine in this area. The study may be of special interest to academics and members of the judiciary because it presents in detailed and clear the impact of some dispositions in Law no. 202/2010 and the provisions of the new Criminal Procedure Code in the matter of degrees of jurisdiction.