THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM
The jurisdiction developed on the edge of the implementation of the provisions of Code of Criminal Procedure, relating to the verification of the legality of the referral to the court, the legality of the management of evidences and documents of the prosecution, has proved the fact that in front o...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2019-05-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_022.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850060551614365696 |
|---|---|
| author | Alin-Sorin NICOLESCU Luminița CRIȘTIU-NINU |
| author_facet | Alin-Sorin NICOLESCU Luminița CRIȘTIU-NINU |
| author_sort | Alin-Sorin NICOLESCU |
| collection | DOAJ |
| description | The jurisdiction developed on the edge of the implementation of the provisions of Code of Criminal Procedure, relating to the verification of the legality of the referral to the court, the legality of the management of evidences and documents of the prosecution, has proved the fact that in front of the judges of preliminary chamber has come, not infrequently, the request of the exclusion of the evidences governed during the criminal prosecution in rem, on the ground that these evidences have been managed either in total or in the majority of them, at this stage absolutely secret of the criminal prosecution, even though the offender of the deed was known and in this way, the future suspect or charged, has been deprived of any realistic and concrete possibility to defend himself, to assist with the help of a lawyer in the management of theses evidences and to combat them by appropriate procedural means. This raises the question which is the size of the evidences that reasonably can be taken during the criminal proceedings in rem, thus the suspect/defendant should not be harmed in his procedural rights, in particular with regard to his right of defence. To search for an answer to this matter, this is very present in the proceedings in front of the judge of preliminary chamber, legal provisions must be primarily examined that implicitly separates the criminal prosecution in rem from the moment of further performing of the prosecution towards a certain person. |
| format | Article |
| id | doaj-art-a3f99983ddac4a49ba7a66d130595adc |
| institution | DOAJ |
| issn | 2068-7796 |
| language | English |
| publishDate | 2019-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-a3f99983ddac4a49ba7a66d130595adc2025-08-20T02:50:30ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962019-05-01131163167THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REMAlin-Sorin NICOLESCU0Luminița CRIȘTIU-NINU1Faculty of Law, “Nicolae Titulescu” University, Bucharest, RomaniaFaculty of Law, “Nicolae Titulescu” University, Bucharest, RomaniaThe jurisdiction developed on the edge of the implementation of the provisions of Code of Criminal Procedure, relating to the verification of the legality of the referral to the court, the legality of the management of evidences and documents of the prosecution, has proved the fact that in front of the judges of preliminary chamber has come, not infrequently, the request of the exclusion of the evidences governed during the criminal prosecution in rem, on the ground that these evidences have been managed either in total or in the majority of them, at this stage absolutely secret of the criminal prosecution, even though the offender of the deed was known and in this way, the future suspect or charged, has been deprived of any realistic and concrete possibility to defend himself, to assist with the help of a lawyer in the management of theses evidences and to combat them by appropriate procedural means. This raises the question which is the size of the evidences that reasonably can be taken during the criminal proceedings in rem, thus the suspect/defendant should not be harmed in his procedural rights, in particular with regard to his right of defence. To search for an answer to this matter, this is very present in the proceedings in front of the judge of preliminary chamber, legal provisions must be primarily examined that implicitly separates the criminal prosecution in rem from the moment of further performing of the prosecution towards a certain person.http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_022.pdfevidenceprosecutionin remproceduralsuspectdefendant |
| spellingShingle | Alin-Sorin NICOLESCU Luminița CRIȘTIU-NINU THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM Challenges of the Knowledge Society evidence prosecution in rem procedural suspect defendant |
| title | THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM |
| title_full | THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM |
| title_fullStr | THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM |
| title_full_unstemmed | THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM |
| title_short | THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM |
| title_sort | size and the importance of the evidence governed during the prosecution in rem |
| topic | evidence prosecution in rem procedural suspect defendant |
| url | http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_022.pdf |
| work_keys_str_mv | AT alinsorinnicolescu thesizeandtheimportanceoftheevidencegovernedduringtheprosecutioninrem AT luminitacristiuninu thesizeandtheimportanceoftheevidencegovernedduringtheprosecutioninrem AT alinsorinnicolescu sizeandtheimportanceoftheevidencegovernedduringtheprosecutioninrem AT luminitacristiuninu sizeandtheimportanceoftheevidencegovernedduringtheprosecutioninrem |