ENSURING THE CELERITY OF THE PROCEEDINGS THROUGH THE CONTESTATION REGARDING THE DURATION OF THE CRIMINAL PROCESS

Abstract

The concept of public safety is also manifested by respecting the fundamental rights of the person during the judicial proceedings, rights among which is the right to resolve the case within a reasonable time. From this perspective, to ensure the speedy resolution of criminal cases, in the regulation of the current Romanian Code of Criminal Procedure, the contestation regarding the duration of the criminal process was introduced, an institution that allows the request to expedite the resolution of the case if the criminal prosecution or trial activity is not carried out in a reasonable time frame. In this context, the present work addresses the institution of the contestation regarding the duration of the criminal process, bringing to attention also some jurisprudential aspects regarding the need for the interpretation and uniform application of the provisions of the Code of Criminal Procedure in the matter of the admissibility of this contestation. Also, using documentation, observation, interpretation and scientific analysis as research methods, this study discusses the consequences of not complying with the term established for the resolution of the case in the situation of admitting the contestation regarding the duration of the criminal process. The paper concludes with a concrete proposal for a ferenda law, regarding the establishment of a processual sanction, which will ensure the effective role of the contestation regarding the duration of the criminal process as a genuine accelerator remedy in case of exceeding the reasonable duration of the procedures.