Alternative Means of Resolving the Criminal Trial, Regulated by the New Criminal Processual Legislation of Romania

摘要

At the confluence of the two major systems of law - the continental system and the Anglo-Saxon system - the criminal trial regulated by the new criminal processual legislation of Romania constitutes the ideal framework for highlighting new valences of the principle of separation of judicial functions. In accordance with the requirement of equality of all citizens before the law and with that of the rule of law, but also with the need to optimize the criminal processual activity, judicial bodies have the possibility to deliver traditional rulings, such as to close it, to institute legal proceedings, to convict, to acquit, to cease the criminal trial, or new solutions, such as waiving punishment enforcement, delaying punishment enforcement or resorting to processual alternatives, such as discritionary prosecution or plea bargaining.