Extincția disponibilității acțiunii penale
The extinction of the availability of criminal prosecution

Summary/Abstract: The availability of criminal prosecution is an important corollary of the principle of minimum intervention, ensuring that criminal law mechanisms will only intervene when necessary to defend the public interest. On this basis, the article aims to examine the instances in which, although criminal proceedings are, in principle, dependent on a prior complaint, the prosecutor may override the victim's wishes and initiate proceedings ex officio. In this context, the amendments made to the Criminal Code by Law 248/2023 will be criticized, as well as the interpretations offered by the HCCJ in Decision 30/2024. The institution of the withdrawal of the prior complaint will also be explored, considering the amendment of Article 158 (4) of the Criminal Code. The analysis will conclude that, although extremely important, the exceptions to the official nature of criminal proceedings have been rendered ineffective by the new legislative amendments.

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