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

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