The Need to Reverse the Onus Of Proof in the Case of Relative Nulity in Criminal Trials

  • Irinel Samoilă Faculty of Law, University of Bucharest; Bucharest Bar Association
Keywords: legal norms, disposition, sanction, relative nulity, procedural damage, onus of proof, unconstitutionality

Abstract

All norms of criminal procedure are compulsory. However, the degree of how they are respected is given by the potential applicable sanctions in cases of non-compliance. The sanction loses its effectiveness if the proof of the procedural damages must be realized by the persons whose protection was intended by the norm.

Published
2019-11-01
Issue
No 2 (2019): Criminal Law Writings
Section
Doctrine