Sondaje 6

Din ceea ce stiu pana in prezent despre UMK, daca un prieten ar dori sa studieze la o Universitate privata si mi-ar cere parerea in privinta UMK

Autor: Beatrice STEFANESCU

Editura:  Cugetarea

Cod ISSN: 1221-4876, pp. 225-241


As part of the principle of legality in a criminal trial, one of the requirements is that of the guarantee of the presence of parties at the trial.

As far as our law system is concerned, the accused, the injured person, the plaintiff and the part responsible from a civil point of view, are regarded as parts of the criminal trial.

The legal right of the parties to take part in a trial is guaranteed by two efficient trial means: the law proceedings of summoning the one party the trial term and the legal obligation of bringing the accused into court under the absolute nulity sanction.

The prosecutor and the defender – appointed or ex-officio – have a different trial position, however assimilated to that of the party.

By fulfilling the requirements of the active role of the judge and that of the quarantee of the contradictability and that of the right to defense, one can appreciate that both in the first instance trial as well as in that of the attack proceedings the presence of parties represents one of the imperatives of the criminal trial goals.