25. Decizia nr. 17 în dosarul nr. 21/1/2014/HP/P
25. Decision no. 17 in file no. 21/1/2014/HP/P
Author(s): Aneta IonescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: competence during criminal investigation; judge of rights and liberties vs. prosecutor; modification of defendant obligations;
Summary/Abstract: I. The Applicant and the Subject of the Referral By the order of 7 May 2014, delivered in Case No. 8526/3/2014 (1510/2014), pursuant to art. 475 of the Criminal Procedure Code, the Bucharest Court of Appeal – Criminal Division I ordered the referral of the High Court of Cassation and Justice for the issuance of a preliminary ruling aimed at providing a principled clarification of the legal issue concerning the interpretation of the provisions of art. 215 paragraph (8) of the Criminal Procedure Code, namely whether, during the criminal investigation phase, the competence to impose new obligations on the defendant or to replace or terminate those initially ordered lies with the judge of rights and liberties who imposed the measure, or, on the contrary, with the prosecutor.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 06
- Page Range: 115-116
- Page Count: 3
- Language: Romanian
- Content File-PDF
