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.