Post by account_disabled on Jan 2, 2024 4:13:25 GMT 1
Aof the damages suffered in following the commission of the crime these can no longer be obtained through the settlement of the civil side of the case by the criminal court. However this aspect discriminates against the civil party in the event of the conclusion of the plea agreement in relation to other persons who have the status of civil party in other criminal cases creating a less favorable situation for the former characterized by the unjustified prolongation of the procedure recovery of damages and additional costs. It is also shown that when determining the punishment on the occasion of concluding the plea agreement the fact that the defendant did not pay the civil party the due compensation was not taken into account.
It is argued that under these conditions the civil Country Email List party is discriminated against by the fact that it does not have the right to appeal against the sentence of admission of the plea agreement. For the same reasons the violation through the criticized texts of free access to justice and the right to defense of the civil party is claimed. . The Court of Appeal Suceava Criminal Section and for cases with minors considers that the exception of unconstitutionality is inadmissible since by Decision no. of April theunconstitutionality and found that the provisions of art. of the Criminal Procedure Code as well as the legislative solution contained in art. para. of the.
Criminal Procedure Code which excludes the injured person the civil party and the civilly responsible party from the hearing before the substantive court are unconstitutional. In support of the same opinion it is stated that on the date of resolution of the appeal in which the present exception of unconstitutionality was invoked namely October the previously mentioned decision had been published in the Official Gazette of.
It is argued that under these conditions the civil Country Email List party is discriminated against by the fact that it does not have the right to appeal against the sentence of admission of the plea agreement. For the same reasons the violation through the criticized texts of free access to justice and the right to defense of the civil party is claimed. . The Court of Appeal Suceava Criminal Section and for cases with minors considers that the exception of unconstitutionality is inadmissible since by Decision no. of April theunconstitutionality and found that the provisions of art. of the Criminal Procedure Code as well as the legislative solution contained in art. para. of the.
Criminal Procedure Code which excludes the injured person the civil party and the civilly responsible party from the hearing before the substantive court are unconstitutional. In support of the same opinion it is stated that on the date of resolution of the appeal in which the present exception of unconstitutionality was invoked namely October the previously mentioned decision had been published in the Official Gazette of.