Post by account_disabled on Dec 23, 2023 23:46:14 GMT -5
AarticlesCCR decision . Change of legal framework. Suspectaccused information CASE LAW National jurisprudence Criminal procedure minutes Bianca Moga May Decision number Keywords Criminal procedure code legal framework suspect judicial body criminal investigation crime The author of the referral Bucharest Court First Criminal Section The object of the notification The provisions of art. paragraph of the Criminal Procedure Code Reason for notification The author of the exception of unconstitutionality claims that the criticized legal provisions violate the constitutional provisions of art. art. para. and art. and.
The provisions of art. paragraph letter a of the Convention for the Country Email List Protection of Human Rights and Fundamental Freedoms . The Courts decision It accepts the exception of the unconstitutionality of the provisions of art. paragraph of the Code of Criminal Procedure and notes that the legislative solution that excludes the obligation to inform the suspectdefendant about the change of legal status is unconstitutional. Reasoning for the decision Examining the exception of to the provisions of art. paragraph of the Code of.
Criminal Procedure the judicial body that ordered the extension or change of the legal framework is obliged to inform the suspect about the new facts regarding which willing to expand. Per a contrario in the case of a change in legal status the judicial body is not obliged to inform the accused about it. Taking into account the situations in which a change of legal clxification may occur the Court notes that they aim either to extend the criminal prosecution in rem for another act that constitutes a material act of the in the case of continued or complex crimes or those with particularly serious consequences either the change of legal clxification during the criminal prosecution in rem or the extension of the criminal prosecution in personam for another act that constitutes a material act of the.
The provisions of art. paragraph letter a of the Convention for the Country Email List Protection of Human Rights and Fundamental Freedoms . The Courts decision It accepts the exception of the unconstitutionality of the provisions of art. paragraph of the Code of Criminal Procedure and notes that the legislative solution that excludes the obligation to inform the suspectdefendant about the change of legal status is unconstitutional. Reasoning for the decision Examining the exception of to the provisions of art. paragraph of the Code of.
Criminal Procedure the judicial body that ordered the extension or change of the legal framework is obliged to inform the suspect about the new facts regarding which willing to expand. Per a contrario in the case of a change in legal status the judicial body is not obliged to inform the accused about it. Taking into account the situations in which a change of legal clxification may occur the Court notes that they aim either to extend the criminal prosecution in rem for another act that constitutes a material act of the in the case of continued or complex crimes or those with particularly serious consequences either the change of legal clxification during the criminal prosecution in rem or the extension of the criminal prosecution in personam for another act that constitutes a material act of the.