Importance and usefulness of separate opinion exposed on giving judgment
Journal Title: Revista Institutului Național al Justiției - Year 2016, Vol 38, Issue 3
Abstract
In this article, making a synthesis of judicial practice based on documentary material accumulated through my professional activity, we wanted to open a scientific discussion on the importance and usefulness of separate opinion exposed on giving judgment, considering that this institution of Criminal Procedural Law is an essential element in ensuring and promoting the independence of the judge in deliberations. The approach to the problem is flagged as relevant to realism, balance and importance of separate opinion on the fair settlement of the case, the aim being legal challenge and stimulate research of this topic for the benefit of jurisprudence and legislation. From this perspective, we suggest for reading and analysis considerations of an separate opinion in a decision of the court of appeal in a criminal case recently held. We also propose the modification of the content of Article 340, para. (3) of Criminal Procedural Code in the following formula: „If the decision is taken by the majority, the separate opinion of judge is attached and this will be mentioned in the enacting part of de decision”.
Authors and Affiliations
Sergiu Furdui
Keywords
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