Changing Accusation in the First Instance: One Step Forward in Criminal Procedure Law

Abstract

Changing the deed's judicial qualification - as a form of changing accusation in the first instance - is a procedural institution, regulated by the Code of penal procedure of Romania. It may be ordered by the court of law, either ex officio or at the parties and prosecutors' demand. In accordance with Article 386 (1) Code of penal procedure, there are two possibilities regarding the changing deed's judicial qualification, beyond providing it to the parties involved in the penal case. One of these implies the defendant's right to require the judgment postponement, while the second refers to the defendant's right to require a new term of judgment in order to prepare the defense along with the lawyer, either appoint by the court of law or designed by the defendant. In this procedural context, the court of law must respect the defendant's rights during the penal trial, including the right to defense, as it is regulated by the Code of penal procedure and the Constitution of Romania as well. Some legal consequences are based on the procedure of solving penal cases, as pointed out in the current review literature.