Consecinţele schimbării calităţii procesuale penale prin raportare la jurisprudenţa Curţii Constituţionale şi a Curţii Europene a Drepturilor Omului - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 15–35

DOI: 10.47745/AUSLEG.2024.13.X.02

Abstract. Under the direct influence of the European Convention on Human Rights and the case law of the European Court of Human Rights, criminal procedural law and the criminal process are being enriched with modern elements corresponding to the needs of the judicial system and society as a whole. One of these is the possibility of changing procedural qualities primarily due to a practical reality: from the moment of the referral of the case to the final outcome of a conviction, parties and litigants or judicial bodies need to decide what procedural standing a particular person has at a given point in time, depending on the specific aspects of the case at the time, which procedural standing may change if new aspects of the case require so. This fact has also been highlighted by the Constitutional Court in two decisions, which, however, have not been fully transposed by the legislative amendments that have occurred, which for this reason are not fully in line with the European Convention on Human Rights and the case law of the European Court of Human Rights, which requires as a solution a structural and broader legislative intervention.

Keywords: witness, injured person, suspect, defendant, expert, lawyer, mediator, representative