Editura Universul Juridic Criminal procedure sheets. Special part 4th Edition, revised and added - Mihail Udroiu

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Publisher: Universul Juridic

Author: Mihail Udroiu

Pages: 370

Publisher year: 2019

ISBN: 978-606-39-0459-2

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CRIMINAL PROCEDURE SHEETS. SPECIAL PART, 4th edition, revised and added
32 thematic sheets
82 topics for analysis and debate
3 tables of comparative analysis
recapitulative theoretical schemes
recent relevant jurisprudence structured by subject
models of procedural documents

These files have been, since 2012, the only work that addressed, in an innovative graphics and an intuitive structure, the Special Part of the Code of Criminal Procedure, wishing to materialize in an effective tool that allows any lawyer to easily fix a logical perspective on matter.

The 4th edition of the paper is rethought so that, through the form of presentation of information, as well as through the additional analysis and synthesis structures introduced, to ensure the acquisition of the necessary knowledge both to the reader who discovers the subject and to the one who prepares for an exam. test-grid type or for a written test to verify legal knowledge in which the ability to analyze, synthesize and generalize candidates is tested.

In the new edition of the paper - updated in June 2019 - are presented and analyzed the provisions of the law amending the Code of Criminal Procedure. In each file, the analysis of the changes to the codes is performed so that the legislative transition is easy to pass.

Thus, the texts affected by the amendments brought to the Code of Criminal Procedure by the Law for the amendment and completion of Law no. 135/2010 regarding the Code of Criminal Procedure, as well as for the amendment of Law no. 304/2004 on judicial organization are accompanied by explanatory footnotes or are followed by a new section, entitled "Law amending the NCPP", all preceded by the symbol.

The explanations that accompany the presentation of the legislative changes are at the same level of complexity as the existing comments, not being limited to the simple indication of the content of the legal norm.

STRENGTHS:
• clear explanations, able to ensure maximum efficiency in taking any examination of Criminal Procedure, Special Part, regardless of whether the subject consists of a grid test or a written test to verify legal knowledge;
• analysis of all decisions rendered on appeal in the interest of the law (RIL) and preliminary rulings for resolving legal issues (HP) given by the High Court of Cassation and Justice, as well as the solutions handed down by the Constitutional Court until the end of May 2019;
• the latest relevant jurisprudential solutions pronounced in the application of the new Code of Criminal Procedure;
• marginal names that precede each jurisprudential solution, similar to the standards of the annotated codes;
• graphic structures that follow the functional logic of each institution and facilitate the rapid assimilation of both the structure of the institution and the content of information about it;
• TOPICS OF ANALYSIS AND DEBATE (TAD), which contribute significantly to the preparation of the candidate for the written tests to verify legal knowledge, through TAD being highlighted the operations of thinking (analysis, synthesis, generalization) in features of the thought process (flexibility or size criticism). The purpose of TAD is not to obtain a clear answer to a legal issue, but to test the reader's ability to dissect and debate a factual situation in all its facets and to present his or her arguments in a clear and concise manner. logic. At the same time, TAD can lead to the creation of new topics of discussion able to reveal the accuracy of the reader's reasoning and the ability to make relevant distinctions in the field of criminal procedural law;
• COMPARATIVE ANALYSIS TABLES (TAC), with an indisputable utility in the stage of preparing the candidate to take the written tests to verify legal knowledge. The purpose of the TAC is to contribute to the sedimentation of knowledge by observing the differences between the compared institutions.

ACQUIS of the paper:
• its elaboration by an experienced theorist and practitioner, able to offer a harmonized vision on the criminal matter and criminal procedure;
• presentation of the subject in a clear and structured manner, able to ensure the rapid fixing of the knowledge necessary for test-grid type exams or for a written test to verify legal knowledge;
• organizing the content into theoretical parts, which provide technical and precise theoretical information, and practical parts, which include the relevant solutions pronounced by the relevant courts;
• explaining, within the observations section, some issues that present an increased difficulty.

All these are assets that recommend this paper as the most useful and easy tool for those who want to quickly recap the subject for established exams in the field, but also for those who want to acquire in the shortest t time the essential theoretical and practical knowledge regarding the special part of the criminal procedural law. The paper is addressed, in equal measure, to any jurist:
• student, master student, doctoral student;
• candidate for the entrance, finalization or promotion exams in the legal professions;
• early career or experienced practitioner.
MIHAIL UDROIU

He was born on March 20, 1977, in Bumbesti-Jiu, Gorj County.

Education: Faculty of Law, University of Bucharest (1999); Faculty of Law, University of Bucharest - Postgraduate Studies: Criminal Sciences - Criminology (2000); National Institute of Magistracy (2002); doctor of law, Faculty of Law, University of Bucharest, Doctoral School (July 2011, thesis: "Administration of evidence in criminal proceedings", scientific coordination: Prof. Nicolae Volonciu, PhD).

Professional activity: judge at the Oradea Court of Appeal (since June 2015); judge in the Bucharest Tribunal, Criminal Section (2006-February 2015); advisor to the chief prosecutor of DIICOT (1 July 2013-27 November 2014); seconded judge within the Ministry of Justice; member of the Commission for the elaboration of the draft Law for the implementation of the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions; member of the Commission for the elaboration of the draft Law for the implementation of the Criminal Code and for the modification and completion of some normative acts that include criminal provisions; member of the Commission for the elaboration of the draft of the new Criminal Code and of the draft of the new Code of Criminal Procedure (July 2007-September 2011); prosecutor (2003-2006); trainer within the National Institute of Magistracy in the discipline of criminal law and criminal procedural law (since 2006).

Publications: author of over 60 studies and articles published in specialized journals.

Author of the works: Criminal law files. The general part. The New Criminal Code, Universul Juridic Publishing House, Bucharest, 2014 (1st ed.), 2015 (2nd ed.); Criminal law files. The special part. The New Criminal Code, Universul Juridic Publishing House, Bucharest, 2014 (1st ed.), 2015 (2nd ed.); Criminal procedure sheets. The general part. The special part. The new Code of Criminal Procedure, Universul Juridic Publishing House, Bucharest, 2014 (1st ed.), 2015 (2nd ed.); Criminal law. The general part. The new Criminal Code, Ed. C.H. Beck, Bucharest, 2014; Criminal law. The special part. The new Criminal Code, Ed. C.H. Beck, Bucharest, 2014; Criminal proceedings. The general part. The new Code of Criminal Procedure, Ed. C.H. Beck, Bucharest, 2014; Criminal proceedings. The special part. The new Code of Criminal Procedure, Ed. C.H. Beck, Bucharest, 2014; Criminal law files. General part, Universul Juridic Publishing House, Bucharest, 2012 (1st ed.), 2013 (2nd ed.); Criminal law files. The special part, Universul Juridic Publishing House, Bucharest, 2012 (1st ed.), 2013 (2nd ed.); Criminal procedure files, Universul Juridic Publishing House, Bucharest, 2012 (1st ed.), 2013 (2nd ed.); Criminal procedure. The general part. Special part, Ed. C.H. Beck, Bucharest, 2010 (1st ed.), 2011 (2nd ed.), 2013 (3rd ed.); Criminal law. The general part. Special part, Ed. C.H. Beck, Bucharest, 2010 (ed. I), 2011 (ed. A II-a), 2012 (ed. A III-a), 2013 (ed. A IV-a); Choice test. Criminal law and criminal procedure, Universul Juridic Publishing House, Bucharest, 2011 (1st and 2nd ed.), 2012 (3rd ed.), 2013 (4th ed.), 2014 (1st ed.) Va), 2015 (6th ed.); Dictionary of Criminal Law and Criminal Procedure, Ed. C.H. Beck, Bucharest, 2009.

Co-author of the works: Code of Criminal Procedure. Commentary on articles, Ed. C.H. Beck, Bucharest, 2015; New Criminal Code - Previous Criminal Code. Comparative presentation. Remarks. Application guide. The more favorable criminal law, Hamangiu Publishing House, Bucharest, 2014 (together with Victor Constantinescu); Special investigative techniques in criminal justice, Ed. C.H. Beck, Bucharest, 2009 (together with Ovidiu Predescu and Radu Slavoiu); European protection of human rights and the Romanian criminal process. Treaty, Ed. C.H. Beck, Bucharest, 2008 (together with Ovidiu Predescu); European Convention on Human Rights and Romanian Criminal Procedure Law, Ed. C.H. Beck, Bucharest, 2007 (together with Ovidiu Predescu).

Awards: the "Vintila Dongoroz" award of the Romanian Lawyers Union (2015) for the work Code of Criminal Procedure. Comment on articles; the “Simion Barnutiu” award of the Romanian Academy (2010) for the work European Protection of Human Rights and the Romanian Criminal Procedure. Treaty; the „Vintila Dongoroz” award of the Romanian Lawyers Union (2009) for the work Dictionary of criminal law and criminal procedure; the "Ion Tanoviceanu" award of the Romanian Lawyers Union (2008) for the work European Protection of Human Rights and the Romanian Criminal Procedure. Treaty; the “Vintila Dongoroz” award of the Romanian Lawyers Union (2007) for the work European Convention on Human Rights and Romanian Criminal Procedure Law.

Content

Abbreviations / 9
File no. 1. Criminal prosecution. General rules / 11
File no. 2. Notification of the criminal investigation bodies / 27
File no. 3. The beginning of the criminal investigation in rem. Continuation of the criminal investigation in person. Initiation of criminal proceedings / 43
File no. 4. Classification - criminal investigation solution / 59
File no. 5. Carrying out the criminal investigation / 63
File no. 6. Early hearing procedure / 82
File no. 7. Completion of the criminal investigation. Solutions / 85
File no. 8. Resumption of the criminal investigation / 105
File no. 9. Procedure for confirming the waiver of the criminal investigation / 117
File no. 10. Complaint against the classification solution / 124
File no. 11. Preliminary Chamber / 141
File no. 12. Pre-trial verifications in the first instance / 173
File no. 13. Carrying out the trial of criminal cases in the first instance (common law procedure) / 195
File no. 14. Judgment in case of acknowledging the accusation (abbreviated procedure) / 220
File no. 15. The court decision. Solutions to the trial in the first instance / 232
File no. 16. Appeal / 255
File no. 17. Contestation / 274
File no. 18. Appeal in cassation / 283
File no. 19. The annulment appeal / 305
File no. 20. Revision / 325
File no. 21. Reopening the criminal trial in case of trial in the absence of the convicted person / 348
File no. 22. Guilt Agreement / 360
File no. 23. Procedure in cases with juvenile offenders / 381
File no. 24. Rehabilitation procedure / 389
File no. 25. Procedure for confiscation or revocation of a document in case of filing / waiving the criminal investigation / 397
File no. 26. General rules on the execution of final criminal judgments / 405
File no. 27. Enforcement appeal / 414
File no. 28. Postponement and interruption of the execution of the sentence / 428
File no. 29. Modifications of punishments in the situation of detention of some cases of legal unity or plurality of crimes / 436
File no. 30. Conditional release / 440
File no. 31. Removal or modification of the punishment / 445
File no. 32. Tables of comparative analysis (TAC) / 450
General bibliography / 455
Jurisprudence / 461

CRIMINAL PROCEDURE SHEETS. SPECIAL PART, 4th edition, revised and added
32 thematic sheets
82 topics for analysis and debate
3 tables of comparative analysis
recapitulative theoretical schemes
recent relevant jurisprudence structured by subject
models of procedural documents

These files have been, since 2012, the only work that addressed, in an innovative graphics and an intuitive structure, the Special Part of the Code of Criminal Procedure, wishing to materialize in an effective tool that allows any lawyer to easily fix a logical perspective on matter.

The 4th edition of the paper is rethought so that, through the form of presentation of information, as well as through the additional analysis and synthesis structures introduced, to ensure the acquisition of the necessary knowledge both to the reader who discovers the subject and to the one who prepares for an exam. test-grid type or for a written test to verify legal knowledge in which the ability to analyze, synthesize and generalize candidates is tested.

In the new edition of the paper - updated in June 2019 - are presented and analyzed the provisions of the law amending the Code of Criminal Procedure. In each file, the analysis of the changes to the codes is performed so that the legislative transition is easy to pass.

Thus, the texts affected by the amendments brought to the Code of Criminal Procedure by the Law for the amendment and completion of Law no. 135/2010 regarding the Code of Criminal Procedure, as well as for the amendment of Law no. 304/2004 on judicial organization are accompanied by explanatory footnotes or are followed by a new section, entitled "Law amending the NCPP", all preceded by the symbol.

The explanations that accompany the presentation of the legislative changes are at the same level of complexity as the existing comments, not being limited to the simple indication of the content of the legal norm.

STRENGTHS:
• clear explanations, able to ensure maximum efficiency in taking any examination of Criminal Procedure, Special Part, regardless of whether the subject consists of a grid test or a written test to verify legal knowledge;
• analysis of all decisions rendered on appeal in the interest of the law (RIL) and preliminary rulings for resolving legal issues (HP) given by the High Court of Cassation and Justice, as well as the solutions handed down by the Constitutional Court until the end of May 2019;
• the latest relevant jurisprudential solutions pronounced in the application of the new Code of Criminal Procedure;
• marginal names that precede each jurisprudential solution, similar to the standards of the annotated codes;
• graphic structures that follow the functional logic of each institution and facilitate the rapid assimilation of both the structure of the institution and the content of information about it;
• TOPICS OF ANALYSIS AND DEBATE (TAD), which contribute significantly to the preparation of the candidate for the written tests to verify legal knowledge, through TAD being highlighted the operations of thinking (analysis, synthesis, generalization) in features of the thought process (flexibility or size criticism). The purpose of TAD is not to obtain a clear answer to a legal issue, but to test the reader's ability to dissect and debate a factual situation in all its facets and to present his or her arguments in a clear and concise manner. logic. At the same time, TAD can lead to the creation of new topics of discussion able to reveal the accuracy of the reader's reasoning and the ability to make relevant distinctions in the field of criminal procedural law;
• COMPARATIVE ANALYSIS TABLES (TAC), with an indisputable utility in the stage of preparing the candidate to take the written tests to verify legal knowledge. The purpose of the TAC is to contribute to the sedimentation of knowledge by observing the differences between the compared institutions.

ACQUIS of the paper:
• its elaboration by an experienced theorist and practitioner, able to offer a harmonized vision on the criminal matter and criminal procedure;
• presentation of the subject in a clear and structured manner, able to ensure the rapid fixing of the knowledge necessary for test-grid type exams or for a written test to verify legal knowledge;
• organizing the content into theoretical parts, which provide technical and precise theoretical information, and practical parts, which include the relevant solutions pronounced by the relevant courts;
• explaining, within the observations section, some issues that present an increased difficulty.

All these are assets that recommend this paper as the most useful and easy tool for those who want to quickly recap the subject for established exams in the field, but also for those who want to acquire in the shortest t time the essential theoretical and practical knowledge regarding the special part of the criminal procedural law. The paper is addressed, in equal measure, to any jurist:
• student, master student, doctoral student;
• candidate for the entrance, finalization or promotion exams in the legal professions;
• early career or experienced practitioner.

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