PROCEDURAL ASPECTS REGARDING THE RESUMPTION OF THE CRIMINAL PROSECUTION
PROCEDURAL ASPECTS REGARDING THE RESUMPTION OF THE CRIMINAL PROSECUTION

Summary/Abstract: The existence of the criminal investigation, as a distinct phase of the criminal process, is imposed by the need for certain specialized state officials to carry out specific activities to discover crimes, identify and catch criminals, in order to bring them to criminal liability. This first phase of the criminal investigation is comprised of two welldefined moments in time, namely: a triggering moment, which is the beginning of the criminal investigation, and an ending moment, when the criminal case is resolved by the prosecutor. This resolution can either be through prosecution or by a non-prosecution decision. However, there are situations when, for various reasons, the initially adopted solutions are returned. These will determine the resumption of the criminal prosecution and therefore the postponement of the completion of the first phase of the criminal process. This study will analyze these situations as well as the controversies that have arisen in judicial practice regarding the powers of the prosecutor in such situations.

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