The way of calculating the procedural term as provided by Article 207 paragraph (1) of the Criminal Procedure Code

  • Bogdan Mihai Dumitru Faculty of Law, ”Titu Maiorescu” University of Bucharest; Constanța District Court
DOI: https://doi.org/10.24193/CDP.2022.2.6
Keywords: the way of calculation of the term provided by Article 207 paragraph (1) of the Criminal Procedure Code, Constitutional Courtʼs Decision no. 336/2015, High Court of Cassation and Justiceʼs mandatory Decision no. 20/2017, High Court of Cassation and Justiceʼs mandatory Decision no. 16/2018

Abstract

In this study, the author aims to present the concrete way regarding the calculation of the peremptory regression procedural term, “with at least 5 days before the expiration of its duration”, as provided by Article 207 paragraph (1) of the Criminal Procedure Code.

Taking into consideration the major consequences regarding preventive measures in the case of an error in the way of calculation, the study is of primarily importance for the theorists and practitioners of the criminal procedure law.

In this study, the relevant legal text will be presented, alongside the applicable considerations expressed by the Constitutional Court of Romanian and the High Court of Cassation and Justice, specific cases, opinions of practitioners and those expressed in the legal literature and the opinion of the author in regards to the way of calculation.

Published
2022-09-27
Issue
No 2 (2022): Criminal Law Writings
Section
Case law