THE INCOMPATIBILITY OF THE JUDGE AS PROVIDED BY THE NEW ROMANIAN CRIMINAL PROCEDURE CODE

Challenges of the Knowledge Society

Mircea DAMASCHIN¹  Ion NEAGU² 

[1] Associate Professor, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest;Professor, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest;

关键词: judge’s incompatibility;    lack of impartiality;    criminal trial;    the fairness of the criminal procedure;    the new Criminal Procedure Code of Romania.;   

DOI  :  

来源: DOAJ

【 摘 要 】

Subsequent to the coming into force of the new Criminal Procedure Code of Romania, the lawmaker brought significant modifications as regards the incompatibility of the judge. In this respect, the main observation that one can make is that the hypotheses regarding incompatibility are more numerous and, thus, there are more cases in which the judge’s lack of impartiality can be invoked. In the present study we are going to analyse the situations in which a judge is considered incompatible and we are going to make suggestions as regards the improvement of the present legislative framework.

【 授权许可】

Unknown