Regulation of the Double Degree of Jurisdiction in Criminal Proceedings in Romania


  • Bogdan BUNECI Dr. Univ. Lect., Ecological University of Bucharest, Law School, Romania


double degree of jurisdiction, appeal, criminal case


In criminal cases, after the trial on the merits, the legislator has established legal provisions that give the parties and the Public Ministry the right to challenge these judgments in the first instance, or in situations where there is a presumption of error by the magistrate who tried the case criminal, or when there were other elements or evidence that were not taken into account in the trial of the case in the first instance (merits). The possibility of going through the dual degree of jurisdiction is an essential condition when a person is found guilty of a crime, having the right to request the examination of the case by a higher jurisdiction, being also a component of the right to a fair trial.