Controverse pe marginea naturii juridice a instituției prevăzute de art. 3861 din Codul de procedură penală
Controversies regarding the legal nature of the institution provided for under article 3861 of the Criminal Procedure Code

Summary/Abstract: In the absence of an adequate legislative framework, the institution provided for in Article 386¹ of the Romanian Code of Criminal Procedure remains a sui generis procedural remedy – a jurisdictionalized mechanism that generates aspects which were difficult for the legislator to foresee at the time of its introduction. Judicial practice demonstrates that in the process of applying this institution, the immediate purpose of criminal proceedings – the timely establishment of facts constituting criminal offenses and the identification of the perpetrators – continues to remain rather illusory. Clarifying the legal nature of this institution plays a key role in finding answers to the issues arising in the application of Romanian criminal procedural law.

• Details
• Contents