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THEORETICAL AND PRACTICAL ASPECTS REGARDING THE NULLITIES IN THE ROMANIAN CRIMINAL TRIAL

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Author(s): MIRCEA DAMASCHIN

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 3;
Issue: -;
Start page: 23;
Date: 2013;
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Keywords: criminal procedural sanctions | criminal trial | absolute nullities | relative nullities | initiation of proceedings before the court

ABSTRACT
In the present study we are going to analyse the regime of the nullities in the Romanian criminal trial. This presentation will take into consideration the Criminal Procedure Code in force (adopted in 1968), the doctrine and the practice of the courts. Also, we took into consideration the new provisions of the Criminal Procedure Code which is going to enter into force in 2014. This study is focused on analysing the distinctive regime of the absolute and relative nullities and illustrating the situation in which absolute nullities do not lead ope legis to the annulment of the acts set up without respecting the requirements. In this way, we are going to analyse the situation in which in spite of absolute nullities existence, this sanction can be disregarded and the criminal trial will follow its course.

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