Verificarea soluției de clasare și a dispozițiilor complementare de către judecătorul de cameră preliminară
Review of the decision to close the case and the additional provisions by the pre-trial chamber judge

Summary/Abstract: This study starts from the premise that there is no overlap between the pretrial chamber and the work of the pre-trial judge, a confusion often encountered in practice. The pre-trial chamber is a distinct phase of the criminal proceedings in which the pre-trial judge plays the main role. During this phase of the criminal proceedings, the pre-trial judge verifies, after the indictment has been filed, in accordance with the provisions of Article 342 of the Criminal Procedure Code, the competence and legality of the referral to the court, the legality of the taking of evidence and the legality of the acts performed by the criminal prosecution authorities. However, this judge does not work only within this filtering stage, as the law confers on him the power to deal with other related proceedings, such as the request for confirmation of discontinuance of criminal proceedings, the complaint against the order to discontinue the proceedings, the request for confirmation of the reopening of criminal proceedings, the prosecutor's request for special confiscation of property or for the destruction of a document in the event of failure to prosecute, etc. These proceedings are within the competence of the pre-trial chamber judge, but they do not fall within the procedural phase of the pre-trial chamber (the subject-matter of the pre-trial chamber is clearly delimited by Article 342 of the Code of Criminal Procedure). In the present study, without aiming to provide an exhaustive overview of these procedures, we will analyze some of the controversial issues relating to the verification of the closure decision and complementary provisions.

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