A COMPARATIVE STUDY ON THE PRICIPLE OF CELERITY IN ROMANIA AND THE UNITED STATES OF AMERICA
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Authors:
• Steven BECKER , email: StevenMrB@aol.com, Afiliation: Assistant Appellate Defender, Adjunct Professor of Law, College of Law, DePaul University, Chicago, Illinois, USA, Chief Editor of International Review of Penal Law
• Enikö DAMASCHIN, email: eniko.damaschin@gmail.com, Afiliation: Legal adviser, Ministry of Administration and Interior, Romania -
Keywords: principle of celerity, rigth to a speedy trial, criminal trial in the United States of America, criminal trial in Romania, comparative law, principiul operativităţii, procesul penal în Statele Unite ale Americii, procesul penal în România, drept comp
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Abstract:
This study deals with one of the most important fundamental rules of criminal trial, both in the United States of America and in Romania, namely the right of the person accused of committing a crime to have a trial within a reasonable time. As regards the legal system of the United States of America, the author approached the issue from the perspective of the Constitution of the United States of America, respectively reviewing the legislative system of the State of Illinois. The presentation of the case law in this field had an important role in this review. As regards the legal system of Romania, the efforts to amend the legislation in order to ensure a reasonable time for carrying out the criminal proceedings are obvious even if sometimes, in this way, the applicability of other fundamental principles, such as the principle of finding out the truth, is restricted. The differences existing between the two penal legal systems are also obvious, after reading this study.