It is admissible to exercise appeal procedures against the solutions given by the Public Ministry to dismiss the criminal referrals filed by the Romanian Court of Accounts? Cover Image
  • Price 5.40 €

Este admisibilă exercitarea căilor de atac împotriva soluţiilor Ministerului Public de respingere a sesizărilor penale formulate de Curtea de Conturi a României?
It is admissible to exercise appeal procedures against the solutions given by the Public Ministry to dismiss the criminal referrals filed by the Romanian Court of Accounts?

Author(s): Verginia Vedinas, Mihaela Duţă
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: criminal complaint; legitimate interest; infraction; inadmissibility; the prosecuting organ; preliminary chamber judge; free access to justice;

Summary/Abstract: This paper aims to analyze a problem that has emerged in the relatively recent work practice of the law courts' activity on legal remedies that the Romanian Court of Accounts can exercise against the solutions issued by the prosecution organ, in criminal records based on the allegations made by the Romanian Court of Accounts. According the law, one way of capitalization the Romanian Court of Accounts' control documents is the notification of the competent prosecution organ in situations where it is estimated that there are indications of a violation of criminal law or, where applicable, are not fulfilled the measures decided on the recovery of damages caused by irregularities found. The courts, in the preliminary procedure room, considers inadmissible the formulation by the Romanian Court of Accounts of the complaints against the solutions of not to prosecute or to proceed to trial ordered by the prosecutor, jurisprudence that we combat by the arguments included in this study.

  • Issue Year: 2016
  • Issue No: 02
  • Page Range: 57-65
  • Page Count: 9
  • Language: Romanian
Toggle Accessibility Mode