Appeal for annulment – extraordinary remedy at law under the current Criminal Procedure Code and the new Code of Criminal Procedure – may be exercised against final judgments pronounced by the last instance of judicial control provided there are certain cases expressly mentioned and that it is filed in a given period. Final judgments may also concern other aspects adjacent to criminal proceedings, for example, taking, retention or reversal of preventive measures or enforcement of a European arrest warrant. In such cases, taking into account that the law of criminal procedure does not provide other terms of admissibility, under the dictum “Ubi lex non distinguit, nec nos distinguere debemus”, the author considers that the appeal for annulment extraordinary remedy at law may be exercised in such cases as well; the case law solution stating that the appeal for annulment is admissible only against final judgments resolving the case merits is therefore illegal.

In Romania, the former Code of Civil Procedure (of 1865, republished in 1948 and amended and supplemented many times since then) with effect from February 1st, 2013 will be repealed and replaced by the current Code of Civil Procedure (Law No. 134/2010, republished on August 3rd, 2012). The topic of producing evidence in the new Code of Civil Procedure is being approached in this study; its authors believe that the new Code has not made essential amendments to the provisions relating to producing evidence, but only a number of additions in some areas such as: trial investigation; selection of the producing evidence procedure; the place of the trial investigation (in closed session and not in open court); producing evidence etc.