New PPC

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The "new" Romanian PPC (Penal Procedure Code), officially published on 15th July 2010,  in order to be named "new"   it has to be une autre chose, id est  a merely moderate adversarial tool, not only in its letter, but also in its spirit, in its sense, intimate, ideologic, and dogmatic approach.

It doesn't make much sense -methinks- to replace an inquisitorial code with another brand new inquisitorial one. Undoubtedly, a mixed procedural system, as it claims to be the Romanian PPC in force from 1th January 1969, may be mainly adversarial or mainly inquisitorial, as it take observance or not on the supreme principle of the dignity of human person and on the equality of parties, in order to configure or not a Parteiprozess etc.

A prod to a genuin procedural liberalism, prevailingly in liberal european democracies,  in place of the authoritarian vision about penal process,  much encountered into the former Soviet camp, is nothing else than a mere attempt of intelectual honesty to consistently promote the idea of fair trial or due process of law, so in this section will come to light - starting from  April 2012- several "liberal" articles.

Ion Nefliu, M.iur. adv.

Coordinator www.penale.ro

Articles

Considerations regarding the Understandings on Penal Sentences in Germany (abstract, May 2011)

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