The common cases of revision in criminal trials

Abstract

Unlike the French legislature, which in 2014 proposed a real reform of the institution of revision, our legislator remained faithful to the traditional vision enshrined for decades. Thus, the old revision cases are also included in the New Criminal Procedure Code, with certain additions, but without restricting them. We continue to find the review case based on new facts and circumstances, the review case based on distorted evidence and the review case based on the declaration as unconstitutional of a legal provision on which the decision was based. The paper includes an analysis of these cases of revision by reference to the Romanian jurisprudence, before and after the entry into force of the New Criminal Procedure Code.

Moreover, the Draft Law for amending and supplementing the Criminal Procedure Code adopted in the summer of 2018, which aims, among other things, to supplement the revision cases, is also considered. Although many of its provisions have not passed the constitutionality control, I considered it useful to present them, as they represent a true reflection of the way legislation is passed in the present days. At the same time, the criticisms of unconstitutionality and the arguments of the Constitutional Court are additional elements that contribute to a better understanding of the institution of revision.