PRE-TRIAL CHAMBER. FINDING THE NULLITY OF THE INDICTMENT AND OF THE CRIMINAL PROSECUTION ACTS DUE TO THE BREACH OF THE DEFENDANT'S RIGHT OF DEFENCE

Authors

  • Mihaela Laura Pamfil Associate Professor Ph.D., Petre Andrei University of Iaşi, Faculty of Law

DOI:

https://doi.org/10.18662/jls/16.1-2/85

Keywords:

pre-trial chamber, restitution of the case to the prosecutor, breach of the right of defence, nullity of the indictment, nullity of criminal prosecution acts

Abstract

The purpose of this paper is to analyze the limits within which the judge of the pre-trial chamber may order the restitution of the case to the prosecutor, starting from a concrete deed that was the subject of case file no. 5609/245/2018 / a1 pending before the Iaşi District Court and the Iaşi County. In this case, the Pre-Trial Chamber judge considered that the suspect was not given the necessary time to prepare his defense as he was heard as defendant on the same day when he was also heard as a suspect, although when he was heard as a suspect he requested a break for the preparation of the defense, the report on the termination of the criminal prosecution was drawn up on the same day when he was heard, and his request for a forensic examination in question was rejected by the prosecutor, without the court waiting for the submission of the objectives of the expertise. For these reasons, the pre-trial chamber judge considered that it is necessary to find the nullity of all criminal proceedings subsequent to the date and time when the suspect was heard, as he was deprived of the possibility to enforce his defense during the criminal proceedings, a procedural stage that has been completed.

Author Biography

Mihaela Laura Pamfil, Associate Professor Ph.D., Petre Andrei University of Iaşi, Faculty of Law

Associate Professor Ph.D., Petre Andrei University of Iaşi, Faculty of Law, Deputy General Attorney of the Prosecutor’s Office attached to the Iasi Court of Appeal

References

Council of Europe. (1998). European Convention of Human Rights. Strasbourg. https://www.echr.coe.int/documents/convention_eng.pdf

Micu, B., Slăvoiu, R., & Păun, A. G. (2017). Procedură penală (ed a 3-a) [Criminal procedure (3rd ed.)]. Hamangiu Publishing House.

Romanian Parliament. (2010, July 15). Cod de procedura penala din 1 iulie 2010 publicat in Monitorul Oficial nr, 486 15 iulie 2010 [Criminal Code Procedure published in the Official Gazette no. 486 of July 15, 2010]. http://www.cdep.ro/pls/legis/legis_pck.lista_mof?idp=20100

Downloads

Published

2021-11-23

How to Cite

Pamfil, M. L. . (2021). PRE-TRIAL CHAMBER. FINDING THE NULLITY OF THE INDICTMENT AND OF THE CRIMINAL PROSECUTION ACTS DUE TO THE BREACH OF THE DEFENDANT’S RIGHT OF DEFENCE. Jurnalul De Studii Juridice, 16(1-2), 73-87. https://doi.org/10.18662/jls/16.1-2/85

Most read articles by the same author(s)