Criminal Procedural Law - Special Part

Course Code: DR III 9 • Study year: III • Academic Year: 2024-2025
Domain: Law • Field of study: Law
Type of course: Compulsory
Language of instruction: Romanian
Erasmus Language of instruction: English
Name of lecturer: Maria Angela Tatu
Seminar tutor: Alisa - Valeria Toma
Form of education Full-time
Form of instruction: Class / Seminary
Number of teaching hours per semester: 56
Number of teaching hours per week: 4
Semester: Summer
Form of receiving a credit for a course: Grade
Number of ECTS credits allocated 6

Course aims:

Use of existing legislation in the analysis of legal situations, in their proper legal framework and in their resolution
The application of the necessary knowledge to the collection of data and information on a matter of concrete law
Proper use of legal concepts, theories, paradigms and methodologies

Course Entry Requirements:

by curriculum, competences, advanced English level

Course contents:

Prosecution, general considerations on prosecution, prosecution bodies and their competence; Carrying out criminal prosecution. The triggering of criminal proceedings. Referral to prosecution bodies, prosecution; Conduct of criminal proceedings. Bringing criminal proceedings into motion, extending criminal investigations. Return of the file to the investigative body. Suspension of prosecution; Termination of prosecution by non-referral solutions legal proceedings. Ranking. Termination of the prosecution and prosecution; Complaint against measures and acts of prosecution; General provisions concerning the judgment, subject matter, principles and structure of the trial phase; Judgment at first instance, conduct of the judgment at first instance, sitting at first instance, beginning of the hearing at first instance, clarifications, exceptions and requests, examination of court; Judicial proceedings, deliberations and decision of the first instance, delivery of the judgment and communication thereof; General characterization of appeals. The call. Declare the call. Persons who can declare an appeal, term of appeal. Declare the call; Effects of the appeal, reasons for the appeal, procedure for judging the appeal, Conduct of the judgment in appeal, solutions; The authority of work tried in criminal proceedings, judgment in extraordinary appeal, appeal in annulment; Appeal in cassation. The judgment in appeal, the decisions which may be appealed, the holders, the time limit for appeal, the declaration, renunciation and withdrawal of the appeal, the cases in which appeal may be made, the judgment, the solutions; Review, judgments, time limits, holders, judgment and settlement. Reopening of criminal proceedings in case of trial in the absence of the sentenced person; Legal appeal. The agreement on the recognition of guilt.

Teaching methods:

Lecturing – interactive course, doctrine and case-law, deepening theoretical notions, issues of judicial practice

Learning outcomes:

General objective of the discipline: Use of legal concepts and theories to explain and interpret the laws (legal rules specific to criminal law). Specific objectives: O1 explanation and interpretation of sources of information in the field of law (law, doctrine and case-law) on a matter of concrete law. O2 correct identification of current regulations and use of legal judgments, making them more effective in professional communication. O3 explaining and interpreting how the legal phenomenon intersects with factual situations (how a factual situation acquires legal significance).

Learning outcomes verification and assessment criteria:

Final assessment: Written exam; Partial assessment: Papers presentation; Evaluation Test

Recommended reading:

Mateuţ Gheorghita, Criminal Procedure, General Part, Universul Juridic, Bucuresti, 2019, integral.
M. Udroiu, M. Iordache, The Preliminary Chamber in the new Code of Criminal Procedure, Universul Juridic, Bucuresti, 2014, integral.
I. Neagu, Criminal Procedure Treaty, Special Part, Universul Juridic, Bucuresti, 2014, integral.