Contestația în anulare. Dezlegări ale unor chestiuni de drept și probleme de constituționalitate

Rezumat

The constraint of the individual through the law thus represented his/her compromise with the society in which she lives, through the hierarchy of wills, so that the collective will is superordinated to the individual will. The criminal procedural law or the criminal procedure deals with the subjects and the acts of the criminal trial as well as with the forms in which they are fulfilled. The name of the criminal proceedings corresponds to the content of its function. It contains the rules of procedure for the application of the rules of criminal law, and the word procedure, which derives from the Latin pro and cede – to go forward – indicates an activity that must be carried out for the application of the rules of substantive criminal law.
The motion for new trial represents in the light of the in force Romanian Code of Criminal Procedure (art. 426–432 Criminal procedure Code) an appeal for the retraction of the final criminal decision, there by the annulment of the final criminal decision pronounced by the Court in violation of the law, for the purpose of removing procedural errors in connection with the exercise of the procedural rights of the injured party or of the injured party or of those relating to the court.