Unele considerații în legătură cu modificarea părții generale a Codului penal, în baza Legii nr. 116/2025. Implicații practice
Certain considerations regarding recent modifications of the general provisions part of our Criminal Code, based on Act no. 116/2025. Practical implications

Summary/Abstract: The present study is trying to explain, through means of logical interpretations, the way in which the new form of article 158 paragraph 4 of our Criminal Code granted by Act no. 116/2025, can be applied in judicial proceedings, starting with the analysis of the intentions and scope of the initiators of the modifications, continuing with the analysis of the official reasoning of the initiators and some other external related official points of view (from the Legislative Council, Superior Council of Magistracy). We are to conclude in our material that the new form of the analysed legislative text basically extends the base of the prosecutor`s power of intervention onto the effects of retracting a compulsory criminal complaint, only in those cases in which the law grants the judiciary the alternative to also act without the need of such a complaint, and not in all cases. The study also touches the aspect of the prosecutor`s role, through procedural means, into insuring that his intervention is both not arbitrary and in according with the scope/spirit of the law, which is to take the grave cases from a private sphere of interest into the public one, based on certain features (minor victims lacking the legal capacity to exercise their rights, adult victims without legal ability to exercise of their own rights, victims which are family members of the perpetrator) and this only after an appropriate and considered evaluation of each particular case.

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