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NOUL COD DE PROCEDURA PENALA 2014 PDF

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Noul Cod De Procedura Penala Pdf

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Feb 28, Data aparitiei: 19 August Cod penal codul de procedura penala actualizat pdf codul de procedura penala actualizat pdf. Noul cod penal codul muncii actualizat format pdf cod penal actualizat Traducere Engl Noul Cod Procedura Penala - Ebook download as Word Doc . doc /.docx), PDF File .pdf), Text File .txt) Download as DOCX, PDF, TXT or read online from Scribd Official Journal of Romania, Part I, until 7 February penal si procedura penala. in acest pdf poti vizualiza cuprinsul si bibliografia ( daca sunt disponibile) si noul cod de procedurĂ penal procedura de cameră preliminară) şi de judecată (de penal, ed. universul juridic, bucureşti, (ed.

You can change your ad preferences anytime. Upcoming SlideShare. Like this presentation? Why not share! Embed Size px. Start on. Show related SlideShares at end. WordPress Shortcode. Published in: Full Name Comment goes here. Blogul lui Florentin: Codul Penal si cel de procedura penala ; luni, 3 februarie Codul Penal si cel de procedura penala De la 1 februarie, intra in vigoare un nou Cod Penal, potrivit Legii nr.

Noul Cod Penal intra in vigoare abia de la 1 septembrie Codul de Procedura Penala al Romaniei - cameramures. Elemente de noutate in desfasuarera urmaririi penale aduse Editura Hamangiu ; Este autor al lucrarilor: Noul Cod penal — prezentare comparativa. Ghid de aplicare. Legea penala mai favorabila in colaborare cu Victor Constantinescu , ; Fise de drept penal. Partea generala, ; Fise de drept penal.

Partea speciala, Bucuresti, ; Fise de procedura penala, Bucuresti, ; Teste grila. Noul Cod penal si Noul Cod de procedura penala, in vigoare Noul Cod penal si noul Cod de procedura penala intra in Incepand cu iul Art. M2 7 When the court proceedings are postponed. The parties shall be summoned as soon as possible for the new date of the court hearing as set.

B 8 Based on the application of persons who are informed of the date of the court hearing. The change of the date of the court hearing is ordered by the judge in chambers. When such is not possible. M2 4 If the victim or one of the parties does not have legal assistance anymore as provided by the retained counsel.

B 5 In the cases provided under par. In the case of the participants who are missing.

If the party or the person continues to disturb the court hearing. M2 2 If the prosecutor is taking part in the trial. The court report thereupon shall be notified to the competent prosecutor. The president shall inform the former on the essential actions taken while they were absent and shall read to them the statements of persons heard in court.

Reasons must be submitted for the motions and the arguments of the prosecutor. M2 4 When considering that there is cause for preventing the implementation of the criminal investigation, the prosecutor shall argue, as the case may be, for acquittal or the interruption of the criminal proceedings in court. It is mandatory to bring the detained defendant at the trial. M2 6 The defendant may submit motions, raise objections and make final arguments. The appeal shall be filed with the court that made the appealed report and shall be forwarded, jointly with the case file, to the hierarchically superior court, no later than 48 hours since the registration.

The court resolution may be challenged no later than 24 hours since its issuing in court, for those present and since the communication, for those who are absent, at the hierarchically superior court. B 3 The challenge shall be filed with the court that made the appealed report and shall be forwarded, jointly with the case file, to the hierarchically superior court, no later than 48 hours since registration. M2 4 The challenge shall not be deemed as grounds for staying the enforcement and shall be tried in a public court hearing, with the participation of the prosecutor and the summoning of the victim and parties.

The challenge shall be tried no later than 5 days since the case file shall be received, without the participation of the prosecutor and the parties. The prosecutor and the parties may apply so that the notes could be read and approved by the president. The court shall issue a sentence in other situations as well, as provided by the law.

M2 2 The ruling wherein the court makes a decision regarding the appeal, the appeal for review and the appeal in the interest of the law shall be called decision. The court shall rule in a decision in other cases as well, as provided by the law.

The questions dismissed shall be recorded in the court resolution. Article par. The president and the other members of the judicial panel may.

B 2 The court may dismiss the questions which are not relevant and useful for the case. M2 3 When the law stipulates the possibility for the defendant to get the obligation to do unpaid work for the community. The court may only set a single hearing for the submission of documentary evidence. B 6 The defendant may be heard again.

If the witness or expert was proposed by one of the parties. The questions dismissed shall be recorded in the court report. B 7 When it is no longer possible to hear one of the witnesses and during the prosecution.

M2 6 When the witness no longer remembers certain facts or circumstances. The witness whose absence is not justified may be brought in court with a bench warrant. M2 8 When one or several witnesses are absent. The prosecutor and the parties have the right to examine the document. M2 12 Article M2 3 The president and the other members of the judicial panel may. When it finds it necessary. B 11 The provisions under par. B 4 The court may dismiss the questions which are not relevant and useful for the case.

M2 10 Following the arguments by the prosecutor. B 9 The heard witnesses shall remain in the court room. The president of the judicial panel may decide that these should have a similar duration. When the victim files the prior complaint. If the defendant reveals new facts or circumstances. B 2 When the new legal charges are aimed at an offense for which it is necessary for the victim to file a prior complaint.

The interruption may not exceed 3 days. B 2 In exceptional cases. The provisions concerning the summons shall apply accordingly. M2 3 Waiving enforcement of the penalty shall be decided when the court finds that. M2 8 When the defendant applied for the criminal proceedings to be continued according to Article 18 and.

M2 10 When the court proceedings were implemented according to the requirements under Article par. B 9 When. These measures shall terminate as such if the victim does not file an action in the civil court no later than 30 days since the court ruling becomes final.

The minutes shall be signed by the members of the judicial panel. M2 8 The court shall seize the bail if the measure of the judicial control on bail was replaced with the measure of house arrest or pretrial detention. The release shall be ordered by the administration of the detention facility. M2 2 In the case of conviction. When the defendant is part of the military. When the court orders the educational measure of supervision.

The probation officer. When it orders for its service to be suspended. M2 7 The operational part must indicate that the ruling shall be subject to appeal and the time frame in which it can be filed. B 4 The operational part must also comprise.

In all the cases. When the defendant does not understand Romanian. M2 c the civil party. When the president of the judicial panel cannot sign the ruling either.

When the clerk cannot sign the ruling. When the ruling is written. B d the victim. The withdrawal must be done in person by the party or through a special attorney.

The underage defendant may not withdraw the appeal filed in person or by his legal representative. The withdrawal statement may be filed either with the court whose ruling was appealed or with the appellate court. The defendant shall have the last word. If the appeal by the prosecutor is among the filed appeals. M2 12 The appeal against the court resolutions which. At the same time.

The retrial by the court whose ruling was reversed shall also be ordered when there is any of the cases of absolute nullity. The operational part shall comprise the solution given by the. Hearing the parties and the conclusions of the prosecutor. M2 2 The following may not be subject to appeal for review: The withdrawal must be made by the party in person or through a special intermediary.

Traducere Engl Noul Cod Procedura Penala

The underage defendant may not withdraw the appeal for review filed in person or by his legal representative. B c the civil party and the party with civil liability. M2 B 5 When the notification procedure provided under par. Article and were not observed or the motion is obviously not grounded.

M2 2 When the motion of appeal for review is not filed within the time frame provided by the law or when the provisions under Article B 3 When the motion of appeal for review was withdrawn.

B 2 The president of the court whose ruling is appealed or the judge appointed by the former shall send copies of the motion of appeal for review and the other substantiating documents. B 2 When the convict does not observe the obligations imposed in the court resolution. Article 90 and Article 93 par. When the appeal for review by the prosecutor is among the appeals for review filed. The operational part must comprise the solution returned by the appellate court for review.

M2 3 The cases provided under par. When the documents are drafted in a foreign language. B 5 In the case provided under par. Part I. When the ground of the motion of appeal is the fact that there are several decisions which cannot be reconciled. B 2 The court shall examine the admissibility in principle. The sentence that denies the motion for revision following the analysis of admissibility in principle. B 2 The prosecutor or the interested party may file a challenge against the court report wherein the stay of the ruling under revision provided under par.

The provisions under Article par. The challenge submitted by the prosecutor results in the stay of the enforcement. The court may also issue a ruling in their respect. M2 3 The motion for revision shall be filed with the court that issued the ruling whose revision is applied for. B 5 Following the referral. M2 12 The court ruling thereof may be subject to appeal as provided by the law with respect to the revised court ruling.

The party who is detained shall be brought to appear in court. When the documents are written in a foreign language. The convicted person who had appointed a retained counsel or a representative shall not be deemed tried in absentia if the latter appeared at any time during the criminal proceedings in court and neither shall the person who.

B 4 The criminal proceedings in court may not be reopened when the convicted person had applied to be tried in absentia. M2 5 The provisions of the previous paragraphs shall apply accordingly to the person against whom a court ruling was returned to waive the service of the penalty or to postpone the service of the penalty. When the service of the prison sentence has not begun.

B 2 When the person who submitted the motion to reopen the criminal proceedings in court is deprived of liberty. The provisions of the Title V of the general parties shall apply accordingly. B 2 The motion must comprise the different solutions for the legal issue. When the legal issue is of interest for two or several chambers. The rapporteurs shall not be incompatible. With the notice concerning the session.

Abstentions from the vote shall not be allowed. If there are objective reasons. B 10 The appeal in the interest of the law shall be tried no later than 3 months of the date when the referral is filed to court.

If the judicial panel decides to notify the High Court in the court report. M4 ART. If the court did not order the stay of proceedings at the same time with the referral.

If the defendant is under house arrest or in pre-trial detention. The president of that chamber. When the panel is established. The justice who is appointed as rapporteur shall not become incompatible. M2 h type and amount of punishment and how the punishment is to be served.

On entering a guilty plea legal assistance is mandatory.

B i signatures of the prosecutor. The prosecutor shall only submit the criminal investigation acts that concern the offenses and offenders covered by the guilty plea. B 2 The court can sustain the guilty plea only for some of the defendants. In that situation the resolution to sustain the guilty plea does not have res judicata authority on the extent of claims brought before the civil court. During the trial the challenge can also be filed by the prosecutor.

A withdrawn challenge cannot be re-filed at the same procedural stage. M2 "ART. Herein below we quote the stipulations of Art.

The case file shall be sent back on the day of releasing the rationale. Insolvency practitioners thus appointed shall operate. If such head office is fictitious or the legal entity has stopped operating from their declared head office. The bail shall be returned on the date the judgment remains final that convicts.

Description

B 3 In case of failure to comply with the obligation to pay the full amount of the fine within the time frame set in par.

M2 d the administrator of the electronic public procurement system. B 2 A copy of the operational part of the decision to ban the legal entity from taking part in public procurement tenders shall be communicated.

B 3 The convicted legal entity shall submit in court proof of compliance with the obligation to post or publish the conviction judgment.

B 3 The legal entity shall be summoned to trial. M2 2 The court shall be informed ex officio by the judge delegate of the enforcement court. M2 1 A selection from the conviction judgment that regards the enforcement of the additional penalty to have said judgment posted shall be communicated. In the situation where the report has already been required during the criminal investigation.

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Title V of the General Part. M2 3 When the defendant is an underage person aged less than B 4 On admitting the persons described at par. M2 2 Replacing internment of the juvenile by the educational measure of daily assistance and release from the educational center at the age of 18 shall be ordered. One copy of the report shall be sent to the educational center where internment was ordered. Cancellation of replacement or release. The rules on writing and contents of the order in case of enforcing a prison sentence shall apply accordingly.

B 3 In the situation described at Art. B 3 The activities at par. M2 3 The prosecutor who supervises the search for the wanted individual shall immediately order a cessation of the surveillance activities undertaken under Art. M2 2 On completion of the 3-year time frame stipulated in Art. The judgment returned by the court that examined the challenge is final.

The criminal investigation body or court of law shall take steps to obtain the copy. B 2 Acts performed by seconded foreign members of a joint investigative team on the basis of and in compliance with the orders of the team leader shall carry similar value to those performed by the Romanian criminal investigation bodies.

A challenge filed without a rationale shall be inadmissible. M2 6 In case of non-custodial penalties and measures. Such order is prepared in 3 copies and includes: B 2 If the convicted person is not in custody. M2 2 If upon enforcement of a sentence or during its service any ambiguity or obstacle to enforcement occurs.

Such enforcement warrant shall be issued by the judge delegate in charge of enforcement on the date when the sentence of the trial court remains final or. B 2 For the enforcement of an order prohibiting a person to leave the country. Approval of the court for a person to leave the country B 1 Based on an enforcement warrant. The arrested person is handed a copy of the warrant and is taken to the closest detention facility.

B 3 If a convicted person is on unconditional release. A copy of such minutes. M2 10 During a supervision term. If it admits the application. The enforcement court shall decide on such application in chambers. M2 2 The court may be notified ex officio or by the body enforcing the fine.

B 3 The obligation to perform community service shall be enforced by sending a copy of the court sentence to the probation service. In ordering the replacement of a penalty by fine by community service. A copy of such minutes shall be sent to the enforcement court. The public health authority shall communicate forthwith to the person against whom such measure of compulsory submission to medical treatment was ordered the health facility where they will follow the treatment.

A copy of the notification sent to law enforcement bodies shall be sent to the enforcement court. For this purpose.

For the enforcement of a medical admission measure. In such case. M2 2 In the case of the obligations listed under Art. The judge delegate in charge of enforcement shall ascertain this through a.

Under the same terms. The criminal investigation body shall record this in a report and shall act as per par. Such notification may be submitted also by the prosecutor or by an interested party. Such notification may be submitted also by the prosecutor. B 2 The court having jurisdiction to decide on changing a penalty is the court having enforced the last sentence or. Such term may not be longer than one year and starts running from the date when the court sentence remains final.

In situations where a penalty by fine accompanies a penalty by imprisonment.

Citate duplicat

A challenge filed by the prosecutor shall suspend enforcement. M2 3 The court set under Art. M2 4 A copy of the court sentence having remained final shall be communicated to the competent probation service.

M2 a when.

Main Text: Principles and limits of criminal procedure law

B 2 The court specified at par. In such situations. B b when a female convict is pregnant or has a child younger than one year. M2 3 The enforcement court shall communicate the sentence whereby it awarded postponement of the penalty enforcement. The judge delegate in charge of enforcement shall verify the jurisdiction of the court and shall order. After receiving the forensic medical examination report.

B 4 In case of violation in ill-faith of the obligations established under Art. Authorized bodies shall refuse the issuance of a passport or.

Law enforcement bodies appointed by the court in the sentence in charge of supervising the person in whose respect postponement of the penalty enforcement was ordered shall verify the observance of the obligations by the convicted person a regular basis.

If a postponement term was not set. B 2 Art. The term remaining to be served out of the penalty duration shall be mentioned on the copy of the enforcement warrant. If upon expiry of the interruption term. Such challenge shall suspend execution.

A convict who is in detention or interned in an educational center shall be brought to trial.

Participation of the prosecutor is mandatory. The decision of the court settling such challenge is final. In ruling on cases of interruption of execution of an imprisonment or life detention penalty. If an ambiguity concerns a stipulation in a decision returned in appeal or in appeal for review. M2 5 Subsequent applications for challenges against enforcement are inadmissible if they concern the same person.

We quote below the provisions of Art. IV of Law no. IV Whenever special laws. We quote below the provisions of Arts. Such appeal shall be ruled on by the court of competent jurisdiction under the new law.

Decisions returned in first instance after the new law comes into force are subject to the avenues of appeal. Court resolutions are subject to a challenge. Upon expiry of the time interval. Such complaints shall be ruled on under the new law.

If the court admits an appeal on law and reverses a court resolution. If the court sustains an appeal on law and reverses a court resolution.

The management positions of the military Tribunals of Cluj. Territorial Military Tribunal or. Law no. The provisions of this paragraph shall apply also to applications. A challenge shall not suspend enforcement and shall be ruled on within 3 days. The operational part of the court sentence is communicated to the prosecutor and to the convict on its return date.

For the examination of cases. Tribunals and Courts of Appeals. Flag for inappropriate content. Related titles. Speech on the Defense in Behalf of Mrs. Mona Tammy. United States v. William James Newsome, F. Jump to Page. Search inside document. B a the prosecutorial order or the court resolution ordering such measure; b the surname and first names of the attending persons and the capacity in which they participate; c the surname and first name of the suspect or defendant, if the case; d a detailed description of the state of the scene, of the traces found, of the objects subject to examination and of the seized ones, of the position and condition of other physical evidence, so that these are recorded accurately and, to the extent possible, with their relevant sizes.

B 3 All the other rulings reached by courts throughout the proceedings shall be called court resolutions. Sandeep Kumar Verma. Utkarsh Meena. Mehta Sp. Ash Campiao. Adv Anirudha Tambde. Sridhara babu. Patty Salas. Anonymous 6cqdTxbH.

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Donna Joyce de Belen. Shikher Goel. Swarup Mukherjee.B 2 The court may dismiss the questions which are not relevant and useful for the case. M2 3 The cases provided under par. B b when a female convict is pregnant or has a child younger than one year. Flag for inappropriate content. During the criminal investigation. M2 7 If the terms set by the law are met. Such interpreter may be appointed by the judicial bodies or by the parties or victims from among interpreters certified under the law.

It is mandatory to bring the detained defendant at the trial.