THE CASE SHOULD BE EXAMINED BY AN INDEPENDENT, IMPARTIAL TRIBUNAL, ESTABLISHED BY LAW, A COMPONET OF THE RIGHT TO A FAIR TRIAL
Autor (i): Nicolae, Gradinaru
Cuvinte cheie: tribunal, independent, impartial, fair, random process.
Abstract:
Establishing by law the tribunal, as an element of a fair trial, takes into account the jurisdiction to solve the case, both from a material and a territorial point of view. In this context, the legal provisions in the internal legislation are clear and precise, clearly delimiting the competences of the courts involved in the execution of the act of justice. The right to a fair trial also departs from a technical detail, namely the random assignment of causes. This random criterion, however, has proven to be essential in the way the process is going on for many of those who are the subjects of Justice. The current regulation effectively assures the right to a fair trial from the perspective of the existing regulation in Romania regarding the random assignment, thus, according to art.11 of the Law no.304 / 2004, the trial activity is carried out in compliance with the principles of the random distribution of the files and the continuity, except in cases where the judge can not participate in the trial for objective reasons, and Article 53 paragraph 1 of the same normative act stipulates that the distribution of the cases on a complete court is done randomly in a computer system.
Establishing by law the tribunal, as an element of a fair trial, takes into account the jurisdiction to solve the case, both from a material and a territorial point of view. In this context, the legal provisions in the internal legislation are clear and precise, clearly delimiting the competences of the courts involved in the execution of the act of justice. The right to a fair trial also departs from a technical detail, namely the random assignment of causes. This random criterion, however, has proven to be essential in the way the process is going on for many of those who are the subjects of Justice. The current regulation effectively assures the right to a fair trial from the perspective of the existing regulation in Romania regarding the random assignment, thus, according to art.11 of the Law no.304 / 2004, the trial activity is carried out in compliance with the principles of the random distribution of the files and the continuity, except in cases where the judge can not participate in the trial for objective reasons, and Article 53 paragraph 1 of the same normative act stipulates that the distribution of the cases on a complete court is done randomly in a computer system.
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