Relevant Issues of Criminal Procedural Law Resulting From the New Criminal Procedure Code

摘要

The philosophy and rationale of the new criminal procedure regulations in force from 01.02.2014 was the creation of modern procedural tools that lead to enhancing the efficiency and quality of justice. In the short time that has elapsed since the date of their entry into force, there became, however, clear some regulatory gaps or errors that may affect the quality of justice or impede on the rights and procedural guarantees enshrined at constitutional and conventional level. This paper aims to highlight some of these gaps or errors of the regulation governing the exercise of new judicial functions in the criminal trial by the judge of preliminary chamber and to report the need for remedial or clarifying interventions of the organic legislature in matters of fundamental institutions such as preliminary chamber proceedings and judgement at first instance.