2023
Mihail UDROIU, PhD, Synthesis of the legislative changes made by Laws no. 201/2023 and no. 217/2023 on Criminal Procedure, General Part with reference to principles, civil action and participants in the criminal trial
DOI: https://www.doi.org/10.31178/AUBD/2023.02
Abstract: The Code of Criminal Procedure underwent multiple changes in the summer of 2023. In this article will be analyzed only the amendments made by Laws 201/2023 and 217/2023 and only with reference to the institutions of the fundamental principles of criminal procedure or civil action, as well as the participants in the criminal trail. On the one hand, it should be noted that Law no. 201/2023 brought into line with the requirements of the Romanian Constitution the procedural provisions relating to compensation for material or non-material damage suffered by the person deprived of liberty, bringing of a civil action against the person who bears civil liability along with the defendant, preliminary matters and the authority of the final judgment of the non-criminal court to be res judicata in criminal proceedings, the competence of the special criminal investigation bodies or the possibility of maintaining evidence by the prosecution bodies following a declination of material or personal competence, the procedure for deciding on abstention or recusal of the prosecutor or the powers of the preliminary chamber judge to verify the legality of technical surveillance and the incompatibility of the status of lawyer and witness in the same case.
On the other hand, Law no. 217/2023 aimed at ensuring greater procedural protection for victims of crime, by regulating the right of the victim to be informed about the suspect, accused or convicted person's release or escape and extending the cases of mandatory legal assistance to the victim or the civil party.
Keywords: damage, deprivation of liberty, preliminary matter, civil action, civil party, res judicata, abstention, recusal, incompatibility, lawyer, legal assistance.
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