Incompatibility of the judge in connection with the settlement of an appeal regarding the duration of the criminal trial, in the criminal investigation phase

DREPT PENAL ŞI PROCESUAL PENAL

Authors

  • Ilenuţa Bădiceanu Author

Abstract

The provisions regulating the cases of incompatibility expressly and limitingly provided by law, have an imperative character, not being able to distinguish between the specific procedural activities performed in the case, as judge of rights and freedoms, and in 
relation to the provisions of Article 64 para. (4) Code of Criminal Procedure, the judge of rights and freedoms cannot participate in the other procedural phases, being 
incompatible to solve the merits of the case brought before the court, in case he solved an appeal regarding the duration of the criminal process in the criminal investigation phase. 

Published

2024-01-12

Issue

No. 6 (2020): Revista Română de Jurisprudență

Section

Articole

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