Post by account_disabled on Dec 23, 2023 22:46:09 GMT -6
Apronounced pursuant to art. paragraph of the CPP. However such a regulation is in full accordance with the provisions of art. paragraph of the same code which states that the decision to decline jurisdiction is not subject to appeal. Returning to the legislative solution criticized by the authors of the exception of unconstitutionality the Court finds that the exclusion of the possibility of filing an appeal against the conclusion pronounced by the judge of the preliminary chamber pursuant to art. paragraph of the CPP in the version prior to the.
Amendment by Law no. is likely to defeat equality of rights Country Email List between citizens in terms of recognizing the fundamental right of free access to justice . Thus the Court notes that through the appeal provided for by art. of the CPP the legality control is ensured regarding a series of final conclusions pronounced in the procedure of the preliminary chamber as a guarantee of compliance with the requirements of the principle of legality of the criminal process. The Court notes that the provisions of art. of the CPP are supplemented by those of art.
Of the same code which constitutes the general regulation on appeals . Thus according to art. para. point letter b of the CPP one of the solutions that can be given to this appeal is that of annulling the contested decision and ordering the retrial of the case by the judge or panel that pronounced it when it was established that the provisions regarding the summons were not respected. Tappeal against the conclusion by which the judge of the preliminary chamber ordered the trial to begin in the conditions in which he found that no requests were made and exceptions and did not ex officio raise exceptions creates a discriminatory treatment for.
Amendment by Law no. is likely to defeat equality of rights Country Email List between citizens in terms of recognizing the fundamental right of free access to justice . Thus the Court notes that through the appeal provided for by art. of the CPP the legality control is ensured regarding a series of final conclusions pronounced in the procedure of the preliminary chamber as a guarantee of compliance with the requirements of the principle of legality of the criminal process. The Court notes that the provisions of art. of the CPP are supplemented by those of art.
Of the same code which constitutes the general regulation on appeals . Thus according to art. para. point letter b of the CPP one of the solutions that can be given to this appeal is that of annulling the contested decision and ordering the retrial of the case by the judge or panel that pronounced it when it was established that the provisions regarding the summons were not respected. Tappeal against the conclusion by which the judge of the preliminary chamber ordered the trial to begin in the conditions in which he found that no requests were made and exceptions and did not ex officio raise exceptions creates a discriminatory treatment for.