THE BENEFITS OF A SPECIAL CRIMINAL PROCEEDINGS IN ABSENTIA
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
A criticism of the national legislator’s decision not to introduce a shortened hearing as a special criminal procedure in absentia, which would exclude the Preliminary Chamber and would leave the civil action unsolved. In our opinion, such a procedure would definitely contribute to the efficiency of the judiciary system by significantly reducing the duration of trials, seeing that the evidence of the case would not be administrated in the absence of the accused and, as a consequence, the witnesses and the victim would not be repeatedly subjected to the stress of the hearings. Moreover, not solving the civil action would be a measure of protecting the interests of the civil party, seeing how a simple request of the defendant would suffice to invalidate the court’s decision given in absentia, and with it, the ruling on the civil claims of the case.
Authors and Affiliations
Ioan-Paul CHIȘ
Keywords
Related Articles
- EP ID EP581757
- DOI -
- Views 118
- Downloads 0
OBSERVANCE OF THE FUNDAMENTAL RIGHTS OF CONVICTED INDIVIDUALS DURING THE RE-EDUCATION AND SOCIAL REINSERTION PROCESS
The recent criminal justice reform brought by the entry into force of the new Criminal Code and the new Criminal Procedure Code carries forward the changes in approach with regard to sentence execution, introduced follow...
LIFTING THE VEIL OF THE GDPR TO DATA SUBJECTS
Every natural person is entitled to personal data protection regardless of his or her nationality, residence, race, age, gender, language, religion, political and other affiliations, ethnicity, social background and stat...
THE HYSTORICAL, PHILOSOPHICAL AND LEGAL FUNDAMENTALS OF COMBATING UNFAIR COMPETITION
Unfair competition is abuse. It is abuse against freedom of competition. Abuse against freedom of initiative and freedom of commerce. Who shall obey the laws of honour and probity? Who has the obligation to do it? Fair b...
THE IMPACT OF SOCIAL RELATIONSHIPS OVER HEALTH AND LONGEVITY. THE “BLUE ZONES” CASE
The present paper aims to analyze – both from a quantitative and a qualitative perspective – the impact of social relationships over health and longevity in contemporary society. Today human interaction is more and more...
ASPECTS OF THE EUROPEAN UNION'S SECONDARY LEGISLATION. CASE STUDY : FREE MOVEMENT OF SPOUSES THROUGH THE PROVISIONS OF THE DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
This study concentrates on one of the binding legal instruments of the secondary legislation of the European Union, as provided by article 288 of the Treaty on the Functioning of the European Union, the directive. Outlin...