Scurte considerații critice referitoare la instituția renunțării la urmărirea penală din perspectiva dreptului la un proces echitabil
Short Critical Considerations on the Waiving of Criminal Investigation from the Perspective of the Right to a Fair Trial

Summary/Abstract: This article aims to discuss, from the point of view of national and international legal regulations (in particular, the right to a fair trial), as well as of the case-law certain critical issues related to the practical application of a new criminal legal institution, which has no correspondent in Romanian substantive criminal law – although it is often linked to one of the former elements of the crime, namely the absence of social danger – namely the institution of waiver of criminal prosecution/investigation (art. 318 of the Code of Criminal Procedure). As the subject is extended, this analysis will only refer to the evidence that the judge of the preliminary chamber, called upon to confirm the prosecutor's decision to waive the criminal investigation, can administer if he decides to reject the request for confirmation and to close it on the basis of art. 16 of the Code of Criminal Procedure, especially the provision contained at letter c).

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