Preliminary Chamber Judge in the New Code of Criminal Procedure

Preliminary Chamber Judge in the New Code of Criminal Procedure 
Luminita SIMA


Abstract: The provisions of the new Code of Criminal Procedure regarding the preliminary chamber
judge (art. 345), contain a series of omissions (for instance, the Code does not provide
the remedy solution in case of sanctioning the prosecution acts performed in violation of
law), inconsistencies and gaps which may cause interpretation and enforcement difficulties
in this kind of judicial proceedings. Accordingly, in the current article, the authors
identify these situations and analyse them in the framework of current regulations in
force, also suggesting possible solutions. Therefore, the main objective of this research
consists in exploring the text of the New Code of Criminal Procedure governing the
procedure of the preliminary chamber. In this context, several inconsistencies and gaps
that will create difficulties of interpretation and application will be signalled. One of
them refers to the text of Art. 344 para. (2) and (3) of the New Code of Criminal
Procedure, which is incomplete in relation to the text of art. 54 with regards to the
jurisdiction of the preliminary chamber judge and in relation to the text provided by art.
342 of the same Code, which legalises the object of the procedure in the preliminary
chamber. In conclusion, the article proves of high interest due to its novelty and
underlined inconsistencies.
Keywords: Preliminary Chamber Judge, Functional Competence, Omissions, Inconsistencies, Prosecution
Acts, Legality Control.





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