Aspects of Court Practice on Criminal Appeal. Referral for Retrial

Authors

  • Mihaela Laura Pamfil „Petre Andrei” University of Iaşi, Romania Author

DOI:

https://doi.org/10.63331/upalaw/32/12

Keywords:

appeal, referral for retrial, fair trial, double jurisdiction

Abstract

The appeal is essentially an ordinary appeal, a remedy of reformation, since it promotes a new trial before a higher court which can examine the case, in all its factual and legal aspects, and can give the case a new resolution, while at the same time setting aside the judgment under appeal. Exceptionally, an appeal may also be a remedy for annulment, in that the appellate court, having found certain violations of procedural and procedural rules, merely sets aside the judgment under appeal and refers the case for retrial to another court.

The purpose of this paper is to analyze the recent judicial practice of the Iasi Court of Appeal and to identify those situations in which the courts have ordered the appeal to be admitted and the case to be sent for retrial to the court whose judgment has been quashed, although the reasons that led to the referral for retrial were not those expressly provided for in Article 421 paragraph 1, item 2, letter b) of the Criminal Procedure Code.

Author Biography

  • Mihaela Laura Pamfil, „Petre Andrei” University of Iaşi, Romania

    Associate Professor Ph.D., "Petre Andrei" University of Iași, Deputy General Attorney of the Prosecutor’s Office attached to the Iasi Court of Appeal, Romania

Published

2025-05-11

Issue

Vol. 32 (2024): Anuarul Universitatii "Petre Andrei" din Iasi - Fascicula: Drept, Stiinte Economice, Stiinte Politice

Section

Articles

License

Copyright (c) 2025 Anuarul Universitatii "Petre Andrei" din Iasi & POLIS BOOKS Puplishing House

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