EIRP Proceedings, Vol 9 (2014)

Judicial Functions in the Criminal Trial

Constantin Tanase


The separation of judicial functions falls, indisputably, in the news gallery of the romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn’t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of ​​genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges), the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.


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