The Main Principles of the Criminal Trial in the New Procedural Regulation and their Importance in Practice

Author:Constantin Tanase
Pages:173-183
Legal Sciences in the New Millennium
173
The Main Principles of the Criminal Trial in the New Procedural
Regulation and their Importance in Practice
Constantin Tănase1
Abstract: The fundamental principles of the criminal trial, like those specific to a p articular p hase or
institution of the criminal trial, represent the basic “pillars” of the activities performed by th e judicial
organisms for the acknowledgment of the crimes and the prosecution of the guilty. A fair trial finalized in due
time with the respect of the p rocedural warranties cannot happen outside this support frame and guideline.
The New Code of Criminal Procedure opted for the express regulation of these principles asserting that it is
the safest way to implement them in the practical activity. The new principles, together with the classical
principles, whose validity has been confirmed by a prolonged experience, enhance the professionalism of the
judicial organs to reduce the duration of the trials, consolidating the respect and trust in the act of justice.
Keywords: criminal trial; fundamental principles; practical importance of the principles
1. Introduction
The most general rules based on which the structure ad performance of the criminal trial are regulated
represent the fundamental principles of the criminal trial. They ensure the fulfilment of the criminal
trial purpose so that it is righteous and the solving of the cases is made in due time. Some leading rules
of the criminal trial can refer only to one institution of the criminal trial (for example: the principle of
free interpretation of the evidence) or to a phase of the trial (for example: the publicity of the judicial
debates- refers only to the trial phase), others direct all the institutions and stages of the criminal trial
and are considered thus fundamental principles. The fundamental principles of the criminal trial have
been defined as being those guidelines rules that determine all the institutions of the criminal trial in
all its stages. (Theodoru, p. 68). Some authors consider that the fundamental principles of the criminal
trial aim directly at the purpose of the trial and establish the ground rules of its development
(Dongoroz, 1975, p. 29). In the presentation of the motives in Law no. 135/2010 on the Criminal
Procedure Code2 the fundamental principles of the criminal trial are identified with the general rules
present in the legislations of the European Union member states, which are the base of the modern
criminal trial, rules whose validity and efficiency have been verified by the judicial practice and
jurisprudence of the European Court Of Human Rights. They represent the pillars of those
dispositions that oblige the judicial organs to perform independent and impartial justice, meant to
ensure the confidence in the act of justice.
1 Senior Lecturer, PhD, “Danubius” University of Galati, Romania, Address: 3 Galati Boulevard, 800654 Galati, Romania,
Tel.: +40.372.361.102, fax: +40.372.361.290, Corresponding author: constantin.tanase@univ-danubius.ro.
2 Published on the web site of the Chamber of Deputies http//www.cdep.ro/proiecte/2009/400/10/2/em412.pdf.

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