Revizuirea cauzelor penale. Probleme teoretico-practice privind competența instanțelor de judecată și soluțiile pronunțate [Articol]

Abstract

The amendments to the Code of Criminal Procedure made by Law no. 246/2023 substantially changed the criteria for establishing the court’s jurisdiction to decide on the request to initiate a review of the criminal proceedings. At present, sentences, decisions of the court of appeal, decisions of the court of appeal, and, where appropriate, the decisions pursuant to art. 313 of the Criminal Procedure Code are subject to review. Jurisdiction in case of invoking the grounds provided for in Art. (3), items 1)-4) of the Criminal Procedure Code, is determined by the rule “the court that last ruled on the merits of the case”. Ruling on the merits of the case refers to the examination of the question of guilt of the person in the criminal case.