Danubius International Conferences, 9th International Conference on European Integration - Realities and Perspectives

Reflections regarding the preliminary procedure room

radu gianina
Last modified: 2014-04-28



This study highlights the main innovations introduced by the law of criminal procedure in force on the institution preliminary room.

The study is divided into three sections: first section discusses the reasons, the rationale for which the legislature has chosen to regulate the procedure of preliminary chamber; Section II highlights some issues as transitional and practical situation; and, Section III analyzes the provisions which can cause uneven practice debates and the procedure itself.

The rationale for the legislature adopted the preliminary procedure room consists in deficiencies facing criminal procedural system, appearing the necessity in thinking need a modern, responsive justice imperatives of creating a tailored social expectations and increasing the quality of the public service.

The preliminary room is a new institution aimed at creating a modern legal framework to remove the excessive length of proceedings in the trial phase. By regulating chamber preliminary procedure seeks to address questions of legality sent to court and the legality of evidence, ensuring premises for prompt resolution of the case on the merits. In this mode, removed some of the deficiencies that led to the conviction of Romania to the European Court of Human Rights for breach of the reasonable time trial.