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Aspects Regarding the Case Transfer of Criminal Cases in Romania

Authors: Dan, Cristian;

Aspects Regarding the Case Transfer of Criminal Cases in Romania

Abstract

ABSTRACT: There are often situations in which criminal cases are being tried, in which, for some objective reason, the judges of those cases cannot continue their investigations in order to resolve the legal conflict. Some of the most common such situations are those in which judges in a particular constituency draw suspicion of impartiality as to the fair, impartial and impartial trial of the criminal case before which they are to rule. Because the Romanian legislator also provided for such events that may seriously affect the performance of justice on a fair basis as provided by the Romanian Constitution, he created the institutional mechanism for transferring criminal cases from one court to another that can apply the law as provided. The article aims to briefly analyze the cases that may lead to the conclusion that a court on the territory of Romania is in a position to no longer be able to carry out, in good conditions, the act of administering justice, the legal aspects by which a criminal proceeding may be transferred from one court to another and the rules under which a subject of criminal proceedings may have recourse to such criminal proceedings. Some conclusions at the end of the paper will aim at a concise understanding of the notions presented throughout the paper. KEYWORDS: case transfer, criminal law, criminal case, impartiality, subjects of criminal proceedings, criminal courts, procedural issues, justice

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