Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 37–44
DOI: 10.47745/AUSLEG.2024.13.X.03
Abstract. This article analyses the problematic situation where coercive measures are imposed on a subject during the appeal phase of the trial while the subject lacks the right to appeal against the measures, by studying the parallel between the former Romanian Criminal Code and the latter Romanian Criminal Code.
Also, the study analyses the legal practice of the Romanian High Court of Cassation and Justice and the possibility of declaring the unconstitutionality of the legal provision that limits a subject’s right to effectively appeal against a coercive measure imposed upon themselves.
Keywords: coercive measures (in criminal law), the lack of the right to appeal, unconstitutionality
SAPIENTIA HUNGARIAN UNIVERSITY OF TRANSYLVANIA
The Sapientia Hungarian University of Transylvania is the independent university of the Hungarian community in Romania, which aims at providing education to the members of our community and performing scientific research on a high professional level.
Sapientia Hungarian University of Transylvania,
Scientia Publishing House
Acta Universitatis Sapientiae
RO 400112 Cluj-Napoca, Romania
Str. Matei Corvin nr. 4.
Email: acta @ acta.sapientia.ro