SANCȚIUNEA NULITĂȚII ABSOLUTE VIRTUALE ÎN PROCEDURA PENALĂ

The article proposes a sensitive topic in the Romanian criminal procedure, namely to determine the extent to which the cases of absolute nullity are limitatively provided by the Criminal Procedure Code (Article 281 of the Criminal Procedure Code) or whether there are cases of nullity of the processual or procedural documents which, although not included in the enumeration of Article 281 of the Criminal Procedure Code, are, however, veritable cases of absolute nullity. The problem is all the more delicate since the national doctrine is situated, up to this moment, in the comfort zone in which the cases of absolute nullity are equated to those of express nullity and those of relative nullity to those of virtual nullity. I have shown, with examples from the practice, but also from the doctrine (too timid so far), that there are situations of virtual absolute nullity of the criminal processual acts not even listed in the content of Article 281 of the Criminal Procedure Code, as well as the situations in which they may become incidental.