Preliminary chamber in Romanian criminal procedure
The preliminary chamber is the stage where a judge checks the legality of the indictment and of the evidence gathered during criminal investigation.
Definiţie
Preliminary chamber
Under articles 342-348 of the Romanian Code of Criminal Procedure, the preliminary chamber is a mandatory stage between investigation and trial. A preliminary chamber judge checks the courts jurisdiction, the legality of the indictment and of all evidence gathered during the criminal investigation. The defendant has 20 days to file written objections. The judge can order the start of the trial, return the case to the prosecutor, exclude unlawfully obtained evidence or annul investigative acts. The order can be challenged within 3 days before a preliminary chamber judge of the higher court. Excluding evidence in this phase is decisive: it can no longer be used at trial.
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