CONTESTAȚIA PRIVIND DURATA PROCESULUI PENAL. ASPECTE PRACTICE PRIVIND CRITERIILE DE APRECIERE A DURATEI PROCEDURILOR JUDICIARE.

Limiting the duration of the criminal trial was one of the essential objectives of the criminal trial model thought by the legislator of the new Code of Criminal Procedure, who, under the pressure also of the European jurisprudence against Romania on the line of finding non-compliance with the reasonable term of the cases, expressly dedicated a special procedure to this problematic. In order to facilitate the transparency of the judicial act and help the judge in this endeavour, in the content of the procedure (unlike the corresponding institution in the Code of Civil Procedure) a series of express assessment criteria were regulated, in relation to which the conclusion can be reached whether in a specific case the reasonable term of resolution was specifically violated. The newness of the institution and the need to corroborate it with the source of inspiration - the jurisprudence of the ECHR Court, determined the national courts to develop important nuances, in some places still divergent, regarding the conditions of the procedure, the greater relevance presenting the perception of judges in the real practice of analyzing the criteria for verifying the reasonableness of the duration of the criminal trial, a fact that also determined the need to develop the present study. In essence, the judgment refers to all the criteria established by the law, but, concretely, any of them can acquire greater importance in the conclusion of „violation/non-violation", with direct influence also on the terms that will be set by the judge to speed up the resolution of the case, respectively after which a new appeal can no longer be initiated. On another level, the present analysis also reflects part of the legislative transition that continued punctually after the entry into force of the new Code, both as a result of the intervention of the legislator and of the Constitutional Court of Romania, both influenced by changes in the legislative and social paradigm, after year 2014. [ABSTRACT FROM AUTHOR]