Interpretation of the phrase 'was not summoned to the trial' in the case of a request to reopen the criminal proceedings. Comparative aspects of „unlawful summoning” and „personal summoning” from the point of view of the nullity of procedural documents

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

One of the conditions for reopening criminal proceedings is that the convicted person has not been summoned to appear in court, according to art. 466 paragraph (2) sentence I of the Criminal Procedure Code, and had not been informed thereof in any other official manner about the trial; it must be emphasized that from the perspective of art. 6 from European Convention on Human Rights, this condition does not mean that the subpoena procedure was not legally completed, but that the defendant did not personally receive the subpoena