Judicial Procedure in Criminal Matters: Legal Provisions and Practical Issues

Andrei Zarafiu

In: Societas et iurisprudentia • 2021 • Volume 9 • Issue 1 • Pages 21-37 • ISSN 1339-5467

Abstract: Approaching the judicial procedure within a common framework of criminal proceedings through analysis of the legal provisions and the case-law in criminal matters is a real challenge for the judicial authorities. First of all, criminal proceedings suppose the activity of finding the truth. The truth in criminal cases investigated and judged by the judicial bodies is gained only through pertinent, conclusive and genuine evidence. This means a multidisciplinary judicial approach in which the entire “actors” involved in criminal proceedings bring together skills and competences, procedures as well as legal instruments in order to obtain for them the expected results. The judicial skills of the judicial bodies are successfully provided in the case-law examination. In this regard, their competences are better understood within a common procedure in criminal proceedings, viewed under the general principle of solving the criminal cases beyond any reasonable doubt. The presented paper aims at finding appropriate ways of strengthening cooperation among practitioners in criminal matters in order to solve the criminal cases legally, as well as at providing real solutions to achieve the judicial truth in criminal cases that are investigated. The paper reviews the newer doctrinal instrument of the criminal procedure law, which comprises judicial institutions, special procedures as well as legal provisions discussed in a multidisciplinary context. Conclusive remarks are provided at the end of the presented paper, which refer to the most relevant aspects of the judicial procedure in criminal cases.

Key Words: Criminal Law; Criminal Matters; Criminal Cases; Legal Provisions; Case-law Examination; Solving Criminal Cases; Evidence; Investigation Procedure; Judicial Bodies; Judgment Phase; Romania.

DOI: https://doi.org/10.31262/1339-5467/2021/9/1/21-37

URL: https://sei.iuridica.truni.sk/archive/2021/01/SEI-2021-01-Studies-Zarafiu-Andrei.pdf

Bibliographic Citation

ZARAFIU, A. Judicial Procedure in Criminal Matters: Legal Provisions and Practical Issues. Societas et iurisprudentia [online]. 2021, vol. 9, no. 1, pp. 21-37 [cit. 2020-01-01]. ISSN 1339-5467. Available at: https://doi.org/10.31262/1339-5467/2021/9/1/21-37.