ASPECTE CONTROVERSATE PRIVIND PLÂNGEREA PREALABILĂ CA MOD DE SESIZARE A ORGANULUI DE URMĂRIRE PENALĂ
CONTROVERSIAL ASPECTS REGARDING THE COMPLAINT PRIORLY AVAILABLE AS A METHOD OF REPORTING A CRIMINAL PROSECUTION AUTHORITY

Summary/Abstract: The preliminary complaint as the main notification addressed to the criminal investigation body, has an autonomous character and cannot be replaced by the other ways of notification, whether they are the main ones. The work exposes the controversial issues, consisting of: what is the nature of the prior complaint; who can be the owner of the notification; what is the term in which it can be entered; how to proceed if the legal classification of the crime changes; shows the procedure followed by the criminal investigation body in the case of the flagrant crime for which this notification is necessary; explains what the indivisibility of the prior complaint consists of; sets out how it is possible to withdraw the prior complaint and answers the question of whether excessive formality is necessary for a referral to be considered a prior complaint. In this article, I have presented the vision of doctrine, judicial practice as well as personal opinions regarding the problems raised by this type of notification.

• Details
• Contents