2014

Andrei ZARAFIU, Lecturer, Faculty of Law, University of Bucharest, Appeal for Annulment and Motion for Revision in the New Criminal Procedure System
Even if final criminal judgments acquires the force of res judicata and are presumed to reflect the truth (res judicata pro veritate habetur), sometimes settlement of de facto and de jure situation which was the subject of the case file is the result of a judicial error.

Extraordinary appeals are the procedural remedy which produces removal of illegal or groundless nature of the final judgement and which prevails over res judicata force.

Changes due to the consecration of a new criminal procedure system have not spared the institution of extraordinary appeals. This study aims to examine the legal status of the main extraordinary appeals, and in the absence of consolidated jurisprudence solutions, to identify possible dysfunctions and procedural impediments that need prompt legislative and judicial response.

The analysis took into account the extraordinary appeals intended to correct errors of law (appeal for annulment) or errors of fact (motion for review) occurred while before regular degrees of jurisdiction.

Key-words: extraordinary appeals, judicial error, procedure

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