header

ABSTRACT. In Romania there is only one criminal proceeding provided by the Romanian Criminal Procedure Code. The Criminal trial develops 3 phases: criminal investigation, the court case and the enforcement. First phase of a criminal trial, criminal investigation is dominated by the prosecutor. Prosecutor conducts, coordinating the police investigators, every criminal investigation. Second phase of the criminal trial is the court case. The judicial decision can be subject to 2 ordinary appeals. First appeal can be promoted for both factual as well as legal motives. The judicial decision pronounced in this first appeal can also be subject to another appeal, but only for legal motives, limitative provided by article 3859 of the Romanian Criminal Procedure Code. Third phase of the criminal trial, the enforcement, is regulated on different basis depending on the nature of the penalty: fine or detention. Romania played a significant role in the emergence and evolution of international criminal law. The Romanian law in force provides that the legal persons may be charged within a criminal trial in the same manner as the natural persons. Romania’s system of sanctions and sentencing procedures are detailed along with a discussion of Romania’s system for conditional and/or suspended sentences and probation.

 

KEYWORDS: criminal investigation, court case, enforcement, penalty, criminal trial, prosecutor

Go to top