New Institutions and Institutions that Have Suffered Some Changes in the New Code of Criminal Procedure (General Part)
| Author | Tiberiu Dutu |
| Pages | 256-258 |
European Integration -
Realities
256
New Institutions
Changes in
Faculty of Law and Public A
Abstract:
Although the new cod
this will happen has not been set
express our point of view on t
existing texts, which are to be fou
Keywords: judge of rights and
fr
We will examine the text of
the n
1. In article 3 of the new code, th
not three, as now, but four, two
judge of rights and freedoms
an
Under the new regulations, the
restrict fundamental rights and fr
extension of preventive measures
2. In terms of participants
to cr
states, - in art. 30 – that besides
th
courts), the judge the rights
an
responsibilities, stipulated
under
while the former magistrate
has ju
in the prosecution phase, the
latte
person, verifying the legality of
s
to prosecute.
3. As regards the prosecutor's jur
and 5 of the new CCP, which sho
offices. Currently there is only o
Court of Cassation and Justice.
4. The competence of the
Special
CCP), not only in terms of
formu
but mainly when it refers to
crime
the new provision,
the power t
es and Perspectives
ons and Institutions that Have Suffered
in the New Code of Criminal Procedur
(General Part)
Tiberiu Duţu
c Administration of Constanţa, Spriu Haret Universi
dutu_olga@yahoo.com
code of cri minal procedure has not yet entered into force (and
set), we have found it necessary to examine the contents of th
the novelty
that it proposes, but also in relation to certain
found in the law adopted by the Parliament on 15 July 2010.
freedoms
; judge of preliminary chamber; suspect;
undercove
e new
Code of Criminal Procedure, the order
of artic
, the separation of judicial functions is provided for,
o of
which have a new name and refer to the dut
and to
the judge of preliminary chamber
, two em
e designated magistrate is required to rule on act
freedoms of individuals, such as, for example, the
res, but also the legality of sending to court, ordered
criminal
proceedings, the new code,
when referr
those
currently present (
criminal investigation off
and
freedoms and that of preliminary chamber
.
er articles
53 and 54 of the new document. It
shoul
s jurisdiction
to hear requests, proposals,
complaint
atter
acts in court, after the prosecutor had
ordered
such
measures, but also dealing with complaints
jurisdiction, it can be noted the prov
ision containe
hows that military prosecutors are involved in sepa
one military section belonging to the Prosecutor’s
ial
Criminal Investigation officers
was amended, to
rmulating
the new text, so that they
remained comp
ime
s committed by the military. But these
special or
r to
conduct investigations for crimes of
corrup
2011
red Some
dure
ersity of Constanta,
and it the date when
f the new law an d to
tain amendments to
ver
investigator
rticles
as follows:
for, except that they are
duties belonging to
the
emerging institutions.
acts and measures th
at
the use, maintenance or
red by the prosecutor.
erring
to the judiciary,
officers,
prosecutor and
. They have d
istinct
ould be mentioned
that,
ints
and appeals arising
ed
the prosecution of a
against solutions not
ined in article 56 par. 4
parate sections in other
or’s Office by the High
, too
(art. 57 of the new
mpetent
to investigate,
l organisms have
, under
uption
and of service,
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