Sondaje 6

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CONSIDERATII PRIVIND POZITIA PROCESUALA A PROCURORULUI IN CURSUL PROCESULUI PENAL

Autor: TEODORA ELEONORA PLĂEŞU   

Editura:  Cugetarea

Cod ISSN: 1221-4876, pp. 153-165

Abstract:

The Romanian penal legislator manifested and still manifests, taking into account the circumstances of the European Union integration, the proper preoccupation in order to establish a suitable legislative and organizing environment, with the purpose of achievieng positive results in what concerns the prevention and the fighting against the infractional deeds of any kind.

The judiciary activity carried on by the state’s public authorities in what the penal trials are concerned, led to a series of conclusions regarding the improvement of the legislation referring to the organization and the functioning of the judicial institutions and the Public Ministry as well as to the rules regarding the judges and the attorney’s status, together with the introduction of new stipulations in what the Law of Penal Procedure is concerned. Therefore, we have to mention the stipulations of the Law no. 247 from the 22nd of July 2005 by the introduction of which it has been accomplished a real reform in  Justice and with this occasion several organic laws, regarding the organization and functioning of the judiciary authorities who are responsible for the penal trials, have been modified and completed.

Unlike Law no. 247 from the 22nd of July 2005, I analyzed the juridical reports issue, reports which are established between the attorney who sues at law, in a certain case, or supervises both the penal research activity of the judiciary police as well as that of other penal research authorities, on one hand, and the superior hierarchical attorney, on the other hand; as well as the processual ways through which the subordinate attorney can have the juridical control over the superior hierarchical attorney’s orders. Obviously, the law can exercice such a juridical control only if the subordinate attorney considers that the hierarchical attorney’s orders are legal.

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Ultima actualizare în Vineri, 08 Octombrie 2010 13:08