Court of Appeal Piteşti, Department of criminal and juvenile and family cases, Decision of the 28th of March 2013, file no. 1031/46/2012 (Case Study) Cover Image
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Curtea de Apel Piteşti, Secţia penală şi pentru cauze cu minori şi de familie, Încheierea din 28 martie 2013, dosarul nr. 1031/46/2012 (Studiu de caz)
Court of Appeal Piteşti, Department of criminal and juvenile and family cases, Decision of the 28th of March 2013, file no. 1031/46/2012 (Case Study)

Author(s): Marius Andreescu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: exception regarding the illegality of the summons of the criminal court; the request to return the case to the prosecutor

Summary/Abstract: The case gives us the opportunity of a brief analysis of two important issues concerning the legality of the indictment as a notification of the court: 1) the scope and limits of checking the regularity of the application for summons that the court has jurisdiction to make under the provisions of art. 300 of the Criminal Procedure Code.; 2) procedural differences between the availability of the court to return the case to the body that drafted the summons, applying art. 300 para. (2) of the Criminal Procedure Code, and on the other hand, situations where the court may decide to return the case, for the redoing the process of prosecution, applying of art. 332 of the Criminal Procedure Code.

  • Issue Year: 2013
  • Issue No: 11
  • Page Range: 642-646
  • Page Count: 5
  • Language: Romanian