Reluarea procedurii de cameră preliminară

dr. ANDREI VIOREL IUGAN*

* e-mail: andyiugan@yahoo.com

Lector univ. - Facultatea de Drept, Academia de Studii Economice din Bucureşti

Judecător - Curtea de Apel Bucureşti

ABSTRACT

In Decision No. 88/2019, the Constitutional Court pointed out a paradigm of the legislation at that time: on the one hand, absolute nullity occurring during the preliminary chamber procedure, could be invoked until the completion of these proceedings, but on the other hand, the case of absolute nullity often existed throughout the entire procedural phase. In other words, a person who had not received mandatory legal assistance in the pre-trial proceedings could not be required to invoke it until the conclusion of the proceedings, as long as he or she had not had the assistance of a lawyer for a single second during the proceedings.

The issue was resolved four years later following the adoption of Law no. 201/2023, which amended Art. 281 para. (4) of the Criminal Procedure...