PROBLEME CONTROVERSATE DIN PRACTICA JUDICIARĂ ÎN LEGĂTURĂ CU PROCEDURA CAMEREI PRELIMINARE. PARTEA I ‒ LEGALITATEA SESIZĂRII INSTANŢEI
CONTROVERSIAL ISSUES IN JUDICIAL PRACTICE IN RELATION TO THE PROCEDURE OF THE PRELIMINARY CHAMBER. PART I ‒ LEGALITY OF REFERRAL TO THE COURT

Summary/Abstract: The first part of the study is focused on violations of the legality of court referrals. The purpose of the indictment is to draw the outline within which the trial will take place, establishing the subject of the trial. The article presents three cases from the judicial practice, two of which have the purpose of returning the case to the prosecutor because the indictment does not have the ability to establish the limits and the object of the judgement. The impossibility of the indictment to establish the limits and the object of the judgement is relatively common in judicial practice and is of particular gravity because in order to be legally notified, the court must know the facts that are held against a person and these must be described clearly. This aspect is particularly important for the defendant whose fundamental right to defense is obviously violated by the impossibility of the indictment to establish the limits and the object of the trial. Of similar gravity are the situations in which new facts or material acts are added to the indictment for which the criminal investigation has not been initiated. The third case concerns the issue of a new indictment to clarify the factual situation in the old indictment. Issuing a new indictment in the same case constitutes a violation of the provisions of paragraph 3 of article 328 of the Criminal Procedure Code which enshrines its unique and singular character. In order to replace the existing irregularities in the indictment, including “state of facts” section, the prosecutor has the following documents at his disposal: the order, the report, the suplemment of the indictment and the address. At the same time, having this sui-generis nature, the act of remedying the irregularities of the indictment could be titled “Remediation of the irregularities of the indictment no. (…)” or “Act of remedying the irregularities of the indictment no (…)”.

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