Scurte consideraţii privind interpretarea dispoziţiilor art. 339 alin. (5) din Codul de procedură penală
Brief considerations regarding the interpretation of the provisions of art. 339 paragraph (5) of the Code of Criminal Procedure

Summary/Abstract: According to Article 336 paragraph (1) of the Criminal Procedure Code, any person may file a complaint against measures and acts of criminal investigation if these have harmed their legitimate interests. If the complaint concerns measures taken or acts carried out by the prosecutor or based on the prosecutor’s instructions, it shall be resolved by the chief prosecutor, the general prosecutor, or the head of the section, as appropriate, in accordance with Article 339 paragraph (1) of the Criminal Procedure Code. When the acts or measures are taken by a prosecutor holding one of these leadership positions, the complaint shall be resolved by the hierarchically superior prosecutor to the one who took the measure or performed the act [Article 330 paragraph (2) of the Criminal Procedure Code].

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