The Place and the Role of the Prosecutor in the Criminal Trial according to the New Code of Criminal Procedure
Abstract: The paper outlines and critically approaches the changes in the new Code of Criminal
Procedure with regards to the functional competence of the prosecutor and the court after
the introduction in the criminal trial of some new principles such as the principle of
separation of judicial functions, of opportunity in the exercise of a criminal action, of
the right to a fair trial within a reasonable time, of the diminished exercise of the
active role of the court and after the introduction in the criminal trial of the
adversarial type elements. The changes with regards to the competence of the prosecutor
emerge from the modifications of the basic principles of the criminal trial, which, along
with the classical ones are meant to provide Romania with a new model of criminal
proceedings in accordance with: the Romanian Constitution, the founding treaties of the
European Union, the European Convention for the Protection of Human Rights and Fundamental
Freedoms, of all the other European Union regulations along with covenants and treaties on
fundamental human rights to which Romania is a member.
We refer to the principle of the separation of judicial functions in the criminal trial
(art. 3 of the new Code of Criminal Procedure); the opportunity in the exercise of the
criminal action [art. 7 paragraph. (2) of the new Code of Criminal Procedure); the right to
a fair trial within a reasonable time (Art. 8 of the new Code of Criminal Procedure); the
right to liberty and security (Article 9 of the new Code of Criminal Procedure); ne bis in
idem (art. 6 of the new Code of Criminal Procedure); and the loyalty in obtaining evidence
(art. 101 of the new Code of Criminal Procedure).
Keywords: New Code of Criminal Procedure, Principle of Separation of Judicial Functions, Rights and
Freedoms, Criminal Trial.
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