The impact of investigating judges on the decision-making process in criminal matters. The experience of the Romanian judicial system.

• In Event: Procedural and Courtroom Dynamics and the Sentencing Process 1

Abstract

The independence of judges is an expression of one of the explicit guarantees of the right to a fair trial. Romania's particular experience has shown that the opening of a criminal investigation targeting precisely the manner in which judicial duties are performed can have a significant impact on the decision-making process in criminal matters. The study aims to capture the implications of this interaction, the rationale for the use of a specialized body of investigators for offences committed by judges, and the limits within which such an investigation can be conducted.

Author

• Andrei Zarafiu, Associate Professor, Faculty of Law, University of Bucharest