THE IRREGULARITY OF THE INDICTMENT IN THE PRELIMINARY CHAMBER PROCEDURE: CASE-LAW ON THE AUTONOMY OF THE PROCEDURAL SANCTION AND THE LEGAL EFFECTS OF THE REMEDIAL MEASURE
THE IRREGULARITY OF THE INDICTMENT IN THE PRELIMINARY CHAMBER PROCEDURE: CASE-LAW ON THE AUTONOMY OF THE PROCEDURAL SANCTION AND THE LEGAL EFFECTS OF THE REMEDIAL MEASURE

Summary/Abstract: Irregularities in the indictment occur whenever the act of referral to the court does not meet the conditions of form or substance necessary for its valid issuance. Since the entry into force of Law no. 135/2019 on the Criminal Procedure Code, the specialized legal literature has focused its attention on the determination of the legal effects produced on the procedural level by the finding of these irregularities in the preliminary chamber proceeding. The differences of opinion have been determined by the new configuration of the phases and stages of the criminal proceedings, as well as by the specific nature of the preliminary chamber procedure, which also aims to sanction possible deficiencies in the indictment. This article aims to establish the nature and legal effects of the remedial act issued by the prosecutor, in accordance with the provisions of Article 345 para. (3) of the Criminal Procedure Code, taking into account recent case law on the matter. Furthermore, the study aims to supplement existing legal gaps in the preliminary chamber procedure, providing a practical overview of the sanction of irregularity of the indictment and the legal consequences of this sanction.

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