Autoritatea de lucru judecat a renunţării la urmărirea penală în procesul civil
The Res Judicata Effect of Decisions to Waive Criminal Prosecution in Subsequent Civil Proceedings

Summary/Abstract: Res judicata constitutes a key element of the modern rule of law and applies full force to the relationship between criminal and civil proceedings. The question arises as to the effects that a decision to waive criminal prosecution has on res judicata in the context of subsequent civil proceedings. As a result of the reformation of this institution through the Emergency Government Ordinance no. 18/2016, adopted following Decision no. 23/2016 issued by CCR, the decision to waive criminal prosecution has acquired a judicial character. This could lead to the conclusion that, from the perspective of res judicata, this decision shall have a similar impact on civil proceedings as a judgement rendered by a criminal court (including conviction). However, such a finding must be analyzed in light of the requirements imposed by Article 6 of the ECHR.

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