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Criminal trial is an procedure that seeks to establish in a timely and concrete manner the facts that constitute crimes, so that the person who committed a crime is held criminally liable.

The criminal trial has four phases: the criminal investigation, the preliminary chamber, the trial and the execution of the final criminal convictions.

Prosecution: has as its object the gathering of evidence for the prosecution of the defendant. This activity is carried out by the criminal investigation officers and by the prosecutor.

The criminal investigation may start following the ex officio notification of the criminal investigation authorities, following the formulation of a complaint, a denunciation or other acts of some ascertaining authorities provided by law.

The complaint is the act of notification made by a person harmed by committing a crime.

There are some crimes in which the criminal liability of the offender can be made only after the manifestation of will (prior complaint) of the injured person (eg harassment, threat, home invasion).

The denunciation is the act of notifying the criminal investigation authorities regarding the commission of a crime of which another person is the victim.

Once the suspect acquires the status of defendant, and because there is serious evidence against him, more severe measures may be ordered, for example, detention, house arrest, pre-trial detention.

Preliminary Chamber: has as object the verification, after the sending to the court, of the competence and the legality of the notification of the court, as well as the verification of the legality of the administration of the evidence and of the execution of the acts by the criminal investigation bodies.

Judgment: in this phase the case brought before the court is solved.

The object of the trial relates to the deed and the person shown in the act of notifying the court. This activity is performed by the judge.

Last phase is the enforcement of criminal convictions that remain final.

Any party has the right to be assisted by a lawyer throughout the criminal proceedings;

During the criminal investigation, the lawyer of the suspect or defendant has the right to assist in the performance of any act of criminal investigation, with certain well-provided exceptions.

The lawyer can make complaints, requests and memoranda.

Also, the lawyer of the injured person, of the civil party and of the civilly responsible party has the right to assist in carrying out any act of criminal investigation. It can make requests and submit memoranda.

In criminal proceedings, the injured person, the suspect and the parties have the right to propose to the judicial bodies the administration of evidence. The request for the administration of a evidence formulated during the criminal investigation is admitted or rejected, motivated, by the judicial bodies.

Any person may lodge a complaint against the measures and acts of criminal prosecution if they have harmed his legitimate interests.

The defendant has the obligation to appear at the summons of the judicial bodies, in case of non-fulfillment of this obligation a warrant may be issued against him, and in case of theft, the judge may order his pre-trial detention.

Also, the suspect has the obligation to communicate in writing, within 3 days, any change of address, drawing attention to the fact that, in case of non-fulfillment of this obligation, the summonses and any other documents communicated to the first address remain valid and are considered taken note.

For any other information and legal services related to the criminal trial in Romania, please CONTACT US.

“Andreea Sersea” Law Office

Zefirului Street, No. 19, Sector 2, Bucharest, Romania.

andreea@avocat-sersea.ro

andreea.sersea@gmail.com

+40 0773 340 401

Post Author: andreea