The positive effects of res judicata in criminal matters

Abstract

In the present paper, we aim to analyze the positive effect of the res judicata principle in criminal matters. In order to achieve this goal, we will first present general aspects of the res judicata principle. Then we will refer to the regulations regarding the res judicata principle in the Romanian legal system, noting that the res judicata principle is defined in the Romanian Criminal Proceedings Code only in reference to its negative effect – ne bis in idem principle – but it is applied and mentioned due to its great importance: the final settling of criminal cases and the prohibition on repeating the trial if it has been already defintively settled. In the last part of the paper, we will refer to the enforcement of final criminal judgments, which is immediate and mandatory, as opposed to the enforcement of final civil judgments, which represent a possibility, a right of the winning party.