Efficiency - an Explicit and General Guarantee for a Fair Criminal Trial in Romania. National Standards

• Author: Mircea Damaschin
• Position: Professor, PhD., Faculty of Social and Administrative Sciences, 'Nicolae Titulescu' University, Romania
• Pages: 90-100

ACTA UNIVERSITAT

90

Abstract:

As far as the crim

criminal causes, and, if the c

celerity implies the pursuanc

disposal the most efficient m

investigation (which is a cha

rule for this trial, is provided

as criminal trials are conce

principle of celerity. From th

right of a person to have his

of a fair trial. The topic of th

in fact, it represents a real pro

the large number of national

lead to the non-

observance o

Keywords:

Romanian crimin

1. Introduction

Romanian special litera

guarantees stipulated by

(hereinafter referred to

jurisprudence of the Eu

“ECtHR”); these guar

specific for the fair trial

∗

This work was supported by

1

Professor, Ph

D., Faculty o

Romania, Address: 1 84

Vac

Fax: +4021.330.86.06. Corre

ATIS DANUBIUS

Vol. 8, n

Efficiency –

an Explicit and Ge

Guarantee for a Fair Criminal T

Romania. National Standard

Mircea DAMASCHIN

1

iminal trial is concerned, celerity generally implies both a swi

e case may be, a simplified criminal processual activity. At th

nce of specific activities by

the criminal investigation body wh

t means for administering evidence. The efficient performance

characteristic of the entire criminal trial), th ough it cannot be

ed by many regulations comprised in the Criminal Procedure

cerned, the principle of reasonable time is indissolubly lin

this point of view, the sl

ow judgment

of a criminal case infrin

is case solved within a reasonable time, which is an essential

this paper is not necessarily a particular issue for our national

problem for most national processual systems and this aspect i

al and international programmes dedicated to the study of the

e of the reason

able time within which a criminal trial should be

minal trial; reasonable time; efficiency

erature (Bîrsan, 2005) analyzes fair trial in accordan

by Articl

e 6 in the European Convention on Hum

to as “ECHR”), respectively the guarantees provi

European Court of Human Rights (hereinafter ref

arantees fall into the followi

ng categories: a)

ial; b) guarantees specific for the fair trial on crimin

by CNCSIS

–UEFISCSU, project number 860 PNII –

IDEI 1

y of Social and Administrative Sciences, “Nicolae Titulescu

acaresti Street,

Bucharest, Sector 4, Romania,

Phone: +40

rresponding author:

damaschin.mircea@gmail.com.

AUDJ, Vol. 8, no.

8, no

. 1/2012

General

l Trial in

ards

∗

∗∗

∗

swift solution of

t the same time,

which has at its

ce of a criminal

be regarded as a

ure Code. As far

linked with the

fringes upon the

ial characteristic

nal legal

system;

ct is revealed by

he causes which

be judged.

ance with the

uman Rights

ovided by the

referred to as

a) guarantees

inal matters.

I 1094/2008.

scu” University,

4021.330.88.64;

o. 1

, pp. 90-100