The some regards concerning the term of deciding the appeal in criminal proceeding

• Author: Denisa Barbu
• Position: Lecturer, PhD, Faculty of Law and Administrative Sciences, Valahia University of Targoviste (e-mail:denisa.barbu77@yahoo.com).
• Pages: 155-161

LESIJ NO. XXIII, VOL. 2/2016

THE SOME REGARDS CONCERNING THE TERM OF DECIDING

THE APPEAL IN CRIMINAL PROCEEDING

Denisa BARBU

Abstract

The right to exercise the Appeal is not absolute, it is being confined from several points of view.

An Appeal limit is time. The r equirements of legal certainty r equire time conditioning of the exercise

for the appeal. The possibility of the unlimited Appeal can be exercised over time would lead to the

establishment of a legal uncertainties a nd to disseminating a continuing tension among both acquitted

defendants in first instance, similar to that of Mr. K. the main char acter from the novel The Process by

Fra nz Kafka.

The meaning of the matter is given by a rt. 410 from NCPP, stating that the Appeal may be

exercised within 1 0 days. The pr eamble o the analysis for the Appeal ter m should stop on its legal

nature.

The term of Appeal is a legal term, procedura lly, peremptory/ adjournment (depending on your

perspective). The term is one that is lawfully prescribed expressis verbis by the legislator, not allowed

by the judge to set another term. Fu rthermore, we appreciate tha t the wrong words of the judgment of

the Court r egarding the dura tion of the term of appeal does not a ffect the length of time within which

the attack of appeal may be exercised.

Keywords: legal term, procedur al term, peremptory/adjourning, instating time, belatedly.

1. Introduction

The time limit for the appeal is one of

procedure, given that its mission is to

organize the work of the Court

1

. Instating the

term-limits in the category of peremptory

terms or, as the case may be, or of the

 Lecturer, PhD, Faculty of Law and Administrative Sciences, Valahia University of Targoviste (e-

mail:denisa.barbu77@yahoo.com) .

Theăworkăisădevelopedăduringătheăprojectăsustainabilityăwithătheătitleă“doctoralăstudiesăandăpostdoctoralăHorizonă

2020: national interest by promoting excellence, competitiveness and accountability in Romanian fundamental and

applied scientific research, contract identification number POSDRU/159/1.5/S/140106. The project is co -financed

by the European Social Fund through the Sectorial Operational Program of Human Resources Development 2007-

2013. Invest in people!

1

The older doctrine of procedural terms were defined conceptually in a particularly suggestive manner, as

follows:ă“theăproceduralătime-limits may be defined as (n.i.) a ll those terms that ar e dictated solely by the need to

systematize the repressive action, the limitations imposed by these terms without having any other role than to insure

promptness in repression. The reason of this policy lies in its repressive activity and discipline that they are modeled

on the intrinsic penală considerations”,ăI. Tanoviceanu, Tratat de drept i procedur penal, ed. a II-a, vol. IV,

CurierulăJudiciar,ăBucureti,ă1924,ăp.ă469.

2

See in this respect I. Neagu, Tratat de procedur penal,ăEdituraăPRO,ăBucureti,ă1997,ăpp.ă546-547.

adjournment, differ in relation to the

perspective of the situation.

2

The term is an unanswerable when it is

viewed from the standpoint of the exercise of

the Appeal by the person entitled, and

adjourning, when viewed from the standpoint

of the implementation of the execution of the

judgment. This dichotomizing of the deadline