CONTROVERSIAL ASPECTS REGARDING THE DENUNCIATION AS A WAY OF REPORTING THE CRIMINAL PROSECUTION AUTHORITY Cover Image

ASPECTE CONTROVERSATE PRIVIND DENUNŢUL CA MOD DE SESIZARE A ORGANULUI DE URMĂRIRE PENALĂ
CONTROVERSIAL ASPECTS REGARDING THE DENUNCIATION AS A WAY OF REPORTING THE CRIMINAL PROSECUTION AUTHORITY

Author(s): Ioana Pacurariu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the denunciation; controversial aspects; content; the whistleblower; the nature of the denunciation;

Summary/Abstract: The complaint is a main notification addressed to the criminal investigation body, without which a criminal trial cannot be initiated. The work exposes the controversial issues, consisting of: what is the nature of the denunciation; what requirements must the content of the notification meet in order to be considered valid; who can be the owner of the notification; explains what constitutes the optional nature of filing a complaint and sets out exhaustively what are the exceptions that oblige to file it; answers the question of whether excessive formality is necessary for a notification to be considered a denunciation and shows how the criminal investigation body proceeds when examining this notification. In this article, I have presented the view of the doctrine, examples of criminal cases from judicial practice, as well as personal opinions regarding the problems raised by this type of notification.

  • Issue Year: 2023
  • Issue No: 08
  • Page Range: 12-25
  • Page Count: 14
  • Language: Romanian