ON THE NECESSITY OF INITIATING CRIMINAL PROCEEDINGS. EXTRA-PROCEDURAL EFFECTS
ON THE NECESSITY OF INITIATING CRIMINAL PROCEEDINGS. EXTRA-PROCEDURAL EFFECTS

Summary/Abstract: This article analyzes the specific procedural moments at which the prosecutor orders the initiation of criminal proceedings, taking into account the practice of criminal prosecution, and taking into account the definition of the legal action as an indispensable condition for the court to exercise its jurisdiction. The timing of the initiation of criminal proceedings can be understood by recognizing the procedural necessity of the indictment, a requirement which completes the set of conditions laid down in the law of criminal procedure for the initiation of criminal proceedings. It should also be noted that the effects of initiating criminal proceedings in certain circumstances go beyond the criminal proceedings, as the indictment is the basis for other provisions, with important temporary consequences in certain professions, such as temporary relocation, suspension of the decision on the application for a service pension or payment of a service pension, suspension from office.

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