Course DR III 9 · Year III · Summer 2021-2022

Criminal Procedural Law - Special Part

Compulsory course in Law, taught by Maria Angela Tatu.

This course page is from 2021-2022 and is archived.
See this course for the current academic year

Overview

Lecturer
Maria Angela Tatu
Seminar tutor
Alisa - Valeria Toma
Type of course
Compulsory
Language of instruction
Romanian
Erasmus language
English
Domain
Law
Field of study
Law
Form of education
Full-time
Form of instruction
Class / Seminary
Credit awarded by
Grade
Teaching methods
Lecturing – interactive course, doctrine and case-law, deepening theoretical notions, issues of judicial practice
Entry requirements
by curriculum, competences, advanced English level

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 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.

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).

Assessment

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

Recommended reading

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