Calea de atac împotriva soluţiei procurorului ierarhic superior
The attack way against the solution of the hierarchically superior Public Prosecutor

Summary/Abstract: The hierarchical control is exerted inside the same unit by the Head of the Prosecutor’s office, who at his turn is subordinated, from degree to degree to the Head of the Superior Prosecutor’s Office from the same territorial circumscription until the level of the General Prosecutor of the Prosecutor’s Office near the High Court of Cassation and Justice, according to art.72 and 92 line 3 from Law no.304/2004 and to art.3 from the Order no.529/C from 21.02.2007 concerning the approval of the Regulation for the internal affairs of the prosecutor’s offices. Even more, the superior hierarchical public prosecutor’s provisions, given in writing and in accordance to the law, are mandatory for the subordinate public prosecutors, and the solutions legitimated by the public prosecutor may be motivated invalidate by the superior hierarchical public prosecutor, when they are considered to be illegal (art. 64, line. 1 and 3 from Law no. 304/2004).

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