Autosesizarea organului de urmărire penală. lămurirea problemelor controversate care vizează procesul-verbal de sesizare din oficiu
Self-notification of the Criminal Prosecution Authority. Clarification of Controversial Issues targeting the Official Reporting Process

Summary/Abstract: Ex officio reporting or self-reporting, embodied in the drafting of the report of ex officio reporting by the criminal investigation body (prosecutor or criminal investigation body), does not seem to have a complex character, which is why it has not been the subject of studies in doctrine. However, the work exposes the controversial issues, consisting of: what is the nature of the ex officio report; if it is necessary for the ex officio notification to be included in a separate document, entitled ex officio notification report; explains why the ex officio notification report does not have to contain all the elements required by art. 199 para. 1 and 2 C. pr. pen for the report; the erroneous indication of the legal basis in the ex officio notification report does not produce legal consequences as long as the description of the fact is correct; not indicating the source of the self-notification of the criminal investigation body regarding a crime does not produce legal consequences; this document cannot constitute an act of initiation of criminal prosecution; and according to judicial practice, it may be missing from the criminal file, as well as the fact that the lack of this document is sanctioned with relative nullity. In this article, I have presented the vision of judicial practice, doctrine, as well as personal opinions regarding the issues raised by the ex officio notification, as a rule, concretized in a report bearing the same name.

• Details
• Contents