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Obrenovici Lavinia Ioana

Drept anul 1
Grupa 3

1. Describe the process of a criminal trial in your legal system as if to a client from a
different system.

The criminal trial is the only framework in which it can be determined whether or not a
person is responsible for the commission of a crime [2].

The criminal trial can be seen as a trilogy ... plus an episode. The episodes are in order:
the criminal investigation, the preliminary camera, the trial and the execution of the punishment.
There are situations where the main character does not get to play in all the episodes, so they do
not shoot anymore. During the criminal trial, a man can cascadically play several roles: suspect -
> accused -> convicted.

1 - CRIME MEETING

The purpose of the prosecution is to collect evidence. Collecting the necessary evidence to prove
the existence of a crime and identifying the person who committed it. This activity is carried out
by the criminal investigation bodies under the guidance of the case prosecutor.

The prosecution may begin following an ex officio notification following a complaint,


denunciation or other acts of law enforcement bodies.

The complaint is the notification made by a person injured by committing a crime. Differentiate
from the prior complaint! There are some offenses where the offender can be criminally liable
only as a result of the will (prior complaint) of the injured person (eg harassment, threat, home
violence).

Denunciation is the act by which a person notifies criminal prosecution bodies about the
commission of a crime whose victim is another person.

The acts concluded by some observing bodies may be, for example: the minutes concluded by
the public order and national security authorities in the case of flagrant offenses; court sentences
that reveal offending audiences (such as lying testimony, judicial outcry).

Always the prosecution begins with the act (in rem), even when the perpetrator is indicated in the
notice. If, following the gathering of evidence, a reasonable suspicion arises that a particular
person has committed the act of referral, the criminal investigative body orders by order that the
criminal prosecution be carried out against it (in personam). From this moment on, the person is
suspected, with appropriate rights and obligations [3].

If, as a result of the gathering of evidence, the suspect has committed the offense, the prosecutor
orders by order that the criminal action be initiated. What this means? We can imagine that what
happened to this point was the introduction of the saga of the criminal process. At this point we
are better acquainted with the main character who acquires the status of defendant, and because
there are serious evidence against him, some more severe measures may be ordered (e.g.
detention (may also be ordered against the suspect), house arrest, pre-trial detention, referral].
With the criminal action, civil action can also be exercised, also in the criminal proceedings. The
injured party may be a civil party, enjoying his / her right to compensation for the damage caused
by the offense. Being a civil party, all the evidence administered by the prosecutor can be of use.
This is an advantage he would not have if he chose to turn the defendant before a civil court.

However, it is not mandatory to initiate criminal proceedings. Thus, if the activity of gathering
evidence can not prove the existence of an offense and the identification of the author, the
criminal investigation body submits the file to the prosecutor with the proposal for classification.
If the criminal action was initiated, depending on the evidence, the criminal investigation body
forwarded the file with a proposal to place, abandon the prosecution or sue. After examining the
case, the prosecutor may order by order:

- his restitution in order to complete the criminal prosecution;


- ranking;
- abandoning criminal prosecution;
- or may order the indictment by indictment.

The prosecution may be ordered only when, following the assessment of the evidence, the
prosecutor has formed the conviction that:

the deed exists → it was committed by the defendant → it can be criminally liable.

Criminal prosecution ends here, but the criminal proceedings may continue if the prosecutor did
not order the prosecution to be suspended or prosecuted until the court pronounced a final
judgment / final decision by non-voting.

The acts and measures ordered by the prosecution bodies can be challenged, so that, for example,
evidence can be excluded from the criminal prosecution.

2 - PRELIMINARY CAMERA

After the prosecutor sees the court with the indictment drawn up, the case reaches a randomly
appointed judge from that court. Episode 2 is / should be pretty short. The Preliminary Chamber
is a filter between prosecution and trial. The Preliminary Chamber judge checks whether the
court of which he is a party is competent to hear the case if he has been legally notified, but
checks (and excludes if necessary) the lawfulness of the evidence and other acts performed in the
course of the prosecution.
In the preliminary chamber, the criminal action can not be extinguished by pronouncing a
solution outlined above. The solutions that the Preliminary Chamber judge may pronounce are:

returning the case to the prosecutor's office;


order the beginning of the judgment.
In the second case, the Preliminary Chamber judge will also be a member of the panel.

3 - TRIAL

This is the episode that everyone wants to see. The episode in which the cause is solved, where
the truth lies .

A person can be tried and then convicted by a first-instance judgment handed down in the case.
However, the solution is not final, so the presumption of innocence still applies. A judgment is
final when it is delivered in an appeal (judgment) or when the judgment given in the first
instance is not appealed against within a time limit prescribed by law.

Judgment at first instance is divided into several procedural stages : judicial inquiry, debates
followed by court deliberation and ruling.

In the course of the judicial investigation, it is possible to propose evidence that has not been
proposed so far, evidence can be administered (eg documents, hearing the defendant, hearing
witnesses, investigating on the spot, watching and listening to records). When the prosecutor, the
injured party and the parties no longer have new requests or explanations, the president of the
court panel declares the judicial inquiry to be finished.

After the completion of the judicial investigation, the stage of the debate follows. This is the
stage that most often occurs in films with lawyers / judges / prosecutors. This is the moment
when lawyers and prosecutors prove their ability to juggle their words, demonstrate their oratory
skills and the quality of their speech. That's what they want to see the people going to attend the
court hearings. Let's get back. During the debates, conclusions are made on the merits, orally
and even in written form. After that, the President once again gives the defendant's speech, and
then declares the closed debates.

The deliberation stage is not public. The members of the panel shall consult with regard to the
existence of the deed, the guilt of the defendant, the legal classification, the determination of the
penalty, etc., but also on the civil side. Decisions shall be taken by unanimity of votes or, if not
possible, by a majority. Minority opinion (separate opinion) must be motivated. Following the
deliberation, the court can give one of the following solutions:

- issuing;
- waiving punishment;
- postponement of punishment;
- payment ;
- ending the criminal process
2. Describe the process of making a new law in your country.

Who can make a legislative proposal ...?

1. Any one of us, as ordinary Romanian citizens. But, beyond the idea, 100,000
signatures of Romanians living in at least a quarter of the country's counties (at least 14
counties) are needed, and in each of them, plus in Bucharest, at least 5,000 people have to
sign in support of the initiative.

Please note that you can not have a legislative initiative on tax issues, international issues,
or amnesty or pardon.

2. The Government. Government members can make legislative initiatives and submit
them to Parliament.

3. The deputies and senators who have been elected by us every 4 years.

4. The President of the country but only in the case of the laws for amending the
Constitution, at the proposal of the Government, at least one quarter of the deputies or
senators or 500,000 citizens from at least half of the counties (at least 21 counties)
they must have at least 20,000 signatures.

What kind of legislative proposals can the Government and parliamentarians do ...?

Government proposals are sent to parliamentarians' analysis, which further analyzes them and
makes a decision about them. Government adopts only resolutions and ordinances, simple or
urgent.

These acts become effective only after they are published in the Official Gazette of Romania.
Parliament adopts constitutional laws, organic laws and ordinary laws

How to adopt laws and decisions ...?


Initially, the draft law runs a complicated route either in the Chamber of Deputies or in the
Senate. They are discussed by the parliamentarians who are part of the specialized committees,
after which articles are voted in plenary.

The most important vote is the one on the final draft law, after the vote was cast on all the
articles that make up it.

1. Organic laws and decisions on the regulations of Chambers of Parliament (Chamber of


Deputies and Senate) shall be adopted by the majority vote of the members of each Chamber

2. Ordinary laws and decisions shall be adopted by the majority of the members present in each
Chamber
3. At the request of the Government or on its own initiative, Parliament may adopt draft laws or
legislative proposals with the urgency procedure established according to the rules of each
Chamber

After the vote, if approved, the law must be promulgated.

How is the law promulgated ...?


1. After the vote in Parliament, the law is sent for promulgation to the President of Romania.
Promulgation of the law is made within 20 days of receipt

2. Prior to the promulgation, the President may ask the Parliament, once, to review the law

3. If the President has requested the law to be re-examined or if its constitutionality has been
requested, the Constitutional Court shall promulgate the law within a maximum of 10 days from
the adoption of the law adopted after re-examination or from the decision of the Constitutional
Court confirming its constitutionality .

When does a law come into force ...?

If the president promulgates the law, it must be published in the Official Gazette of Romania and
enter into force three days after the date of publication or at a later date stipulated in the law.

3. Describe the appointment and training of judges in your legal system. What power
of sentencing do judges have?

The judge is a magistrate who presides over judicial proceedings, either alone or as part
of a group of judges. The powers, functions, method of appointment, discipline and how
judges are trained vary considerably in the world. The judge should be impartial in
handling the evidence and conduct his work in a public hearing. The judge asks the
witnesses, verifies any other evidence relevant to the case submitted by the parties,
assesses the credibility and arguments of the parties in the trial, and then makes a
decision [1] on that point based on the interpretation he / she gives to the facts presented,
corroborated with the legal provisions in matter of. In some jurisdictions, the judge's
jurisdiction can be shared with a jury composed of people outside the legal system
(selected citizens) [2].

In Romania, the activity of judges is regulated by Law 303/2004 and Law 317/2004.
Judges are disciplined for deviations from service duties, as well as for acts that affect the
prestige of justice. Disciplinary misconduct, disciplinary sanctions and disciplinary
proceedings are regulated in Art. 98-101 of Law no. 303/2004 and art. 44-50 of the Law
no. 317/2004
4. Describe some of the distinctive features of your legal system and constitution.

In accordance with the provisions of the Constitution of Romania, republished, the


judicial authority is made up of the courts, the Public Ministry and the Superior Council
of Magistracy. They are represented in the territory by the following bodies:

High Court of Cassation and Justice


Superior Council of Magistracy
National Anti-corruption Division
Courts of appeal
courts
courts
National Institute of Magistracy

The Superior Council of Magistracy is the guarantor of the independence of the judiciary.
The SCM manages exclusively aspects of the recruitment and career of magistrates
regardless of whether they are judges or prosecutors, and through its departments
performs the role of a disciplinary court. The SCM also fulfills other duties provided by
law.

In Romania, justice is carried out only by the High Court of Cassation and Justice and the
other courts, namely courts of appeal, tribunals, specialized courts and judges.

In Romania, there is a legal obligation to have a court spokesman, unlike, for example,
the United States where there is no such rule.

High Court of Cassation and Justice

The High Court of Cassation and Justice is the highest court in grade and its fundamental
role is to ensure the unitary interpretation and application of the law by other courts. The
main instrument for unifying judicial practice is the appeal in the interest of the law, in
which the United Sections of the High Court of Cassation and Justice determine the
correct way of interpreting the law in matters of law that have received a different
judicial separation (in practice non-unitary judicial system).

Courts of appeal

There are 15 courts of appeal in Romania, each of which includes 2-4 counties in its area
of competence. In each county, as well as in Bucharest, there is a court. In the county seat
of the county (a single court of law is not currently functioning, namely the Ilfov
Tribunal, the cases in its jurisdiction being tried before the Bucharest Tribunal). There are
also 4 specialized courts, 3 in commercial matters (Cluj, Argeş and Mureş) and one in the
case of minors and family cases (Braşov). Of the 188 judges established by law, of which
6 in the rural area and the rest in the urban area, 179 are currently functioning. Also, on
the territory of Romania there is a Military Court of Appeal and a territorial military
tribunal.
The courts of appeal include criminal, commercial, civil and administrative divisions.

The panel of judges

The panel of judges consists of a president, assisted by one or more vice-presidents,


depending on the degree and magnitude of the court. Also, within each court, there is a
leading college which decides on the most important issues related to the work of the
court.

Courts

The courts hear only cases in the first instance, according to the jurisdiction established
by the law. The tribunals judge cases in the first instance (more complex cases) and settle
the conflicts of jurisdiction between the courts in its constituency and the appeals lodged
against the judgments given by the court in the cases provided by the law. The courts
have no jurisdiction to hear appeals, according to the Code of Criminal Procedure. The
Court of Appeal first examines the more complex cases, in the cases expressly provided
for by law, and judges appeals against criminal judgments handed down at first instance
by judges and tribunals. Judgment of cases at first instance is made by a panel composed
of a single judge, in the appeal of a panel composed of two judges, and in the appeal of
three judges. By exception, in the matter of labor disputes, the full fund consists of 2
judges and 2 judiciary assistants with consultative vote.

Constitutional Court

The Constitutional Court of Romania (CCR) is the only authority of constitutional


jurisdiction in Romania, independent of any other public authority and which, according
to the Constitution of Romania, has the role of guarantor of the supremacy of the
Constitution. It is not part of the judiciary

public ministry

In the judicial activity, the Public Ministry represents the general interests of society and
defends the rule of law as well as the rights and freedoms of citizens. The Public Ministry
exercises its powers through prosecutors constituted in prosecutor's offices, observing the
principles of legality, impartiality and hierarchical control, under the authority of the
Minister of Justice. Prosecution offices operate with each court (except for the three
specialized courts in commercial matters). The prosecution offices supervise the criminal
investigation activity of the judicial police under the law.

Like the courts, the prosecutor's offices are formed in a pyramid structure, at the head of
which is the Prosecutor's Office attached to the High Court of Cassation and Justice,
whose chief prosecutor is the head of the Public Ministry. Within the Prosecutor's Office
attached to the Supreme Court there are two specialized structures with special
competence and organization - the National Anticorruption Directorate and the
Directorate for Investigating and Combating Organized Crime and Terrorism, led by
Chief Prosecutors. Prosecutors' offices attached to the courts of appeal are headed by
general prosecutors, and those attached to tribunals and judges by first prosecutors.
Within each floor there is a leading college, and depending on the hierarchical rank and
the size of the floor, its leader can be helped by one or more deputies. In addition to each
military court, there is a military parachute.