Aspecte particulare privind procedura de confirmare a renunțării la urmărirea penală
Specific aspects regarding the procedure for confirming the waiver of criminal prosecution

Summary/Abstract: The waiver of criminal prosecution was one of the newly introduced institutions in the current Criminal Procedure Code. Since 2016, the prosecutor's decision to waive criminal prosecution must be subject to mandatory confirmation by the preliminary chamber judge. Judicial practice has seen numerous controversial situations in the application of this institution. In this article, we aim to examine some of these. Thus, after analyzing, from the perspective of the inconsistency of legal provisions, the possibility of ordering the waiver of criminal prosecution before the start of criminal proceedings, we focused on examining issues related to the subject matter of the review of the decision by the superior prosecutor and the referral to the preliminary chamber judge. With regard to the confirmation procedure, we covered, among other things, issues relating to the nature of legal assistance, the persons to be summoned, the possibility of filing motions and objections, the possibility of modifying the obligations imposed on the suspect or defendant, and the possibility of granting the procedure in cases of incorrect legal classification. We also paid close attention to the issue of complementary provisions, the continuation of criminal proceedings in the event of a waiver of prosecution, and issues relating to the obligation to pay legal costs advanced by the state. For each of these issues, we have attempted to identify the relevant case law and present the opinions expressed in the specialist literature. Without claiming to have addressed all aspects of this institution exhaustively, we believe that any attempt to clarify a legal institution can only be constructive.

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