Autor: Teodora PLAESU

Editura:  Cugetarea

Cod ISSN: 1221-4876, pp. 273-285

Abstract:

The publicity of the act of judging is a specific principal characteristic to the trial either if we are considering a trial in the first instance, or an ordinary or extraordinary act of attack of a judgement. First of all the author travels back in the past presenting the evolution of the regulation of the Romanian criminal action at law. Furtheron, she deals with the content of this principle, namely the free access to the law court. This possibility of free access to the action at law has nothing to do with the real presence, de facto, of those who are not public prosecuters, any side in that trial, the accused defenders, witnesses, experts, translators. To make this principle work, the law sessions take place on the premises of the instances, here being created the necessary conditions for enabling a great number of people who are not involved in that particular criminal offence to attempt the law session.

The development of a trial in public session has turned to be imperative as far as the interest of carrying aut justice in criminal case is concerned. That is why the trial sanction in case of disobeying the transparency of a law court trial is the absolute nullity of the criminal judge’s decision.