Controversial Issues on the Requests and the Exceptions Invoked in the Preliminary Chamber Procedure - Jurisprudential Issues

• Main Author: Sandra Gradinaru
• Format: Article
• Language: English
• Published: Danubius University 2018-05-01
• Series: EIRP Proceedings
• Subjects: preliminary chamber; exclusion of evidence; nullity; requests and exceptions
• Online Access: http://proceedings.univ-danubius.ro/index.php/eirp/article/view/1876/1937

The present paper aims to analyze the stage of the preliminary chamber, phase of the criminal trial introduced by the Romanian legislator with the adoption of the New Criminal Procedure Code. Preliminary chamber procedure is an element of novelty in the criminal process so law practitioners have encountered numerous difficulties in applying the new provisions.If some of these difficulties were remedied either by the Constitutional Court or by the High Court of Cassation and Justice through the procedure for resolving issues of law, a large part of the difficulty in interpreting the provisions governing the preliminary-ruling procedure was left to the national jurisprudence.Present study aims at revealing the most frequent controversial issues encountered in the practice of the courts, but especially in highlighting the non-unitary interpretation generated by their jurisprudence.The academic and practical interest lies in the fact that the present work can be a useful legal instrument in unifying the non-unitary practice, all the more so as it analyzes the solutions ordered by courts of any degree and on the whole territory of the country.