Consecinţele nerespectării art. 264 C.p.p. Neregularităţi ale actului de sesizare. Aspecte din practica judiciară a Curţii de Apel Târgu-Mureş
Consequences of non-observance of art. 264 of the PPC. Irregularities in the accusation act. Cases from the judiciary practice of Targu-Mures Court of Appeal

Summary/Abstract: The verification of the indictment legality in accordance with the provisions of art. 300 of the PPC seeks not only observance of the competence rules, but also aspects referring to the substance and form of the indictment. A distinction is to be made between the functional incompetence, which leads to the nullity of the deed, and the situation set in art. 264, par. 4 of the PPC which concerns the chief prosecutor’s omission to check the legality and solidity of the solution adopted in the indictment, irregularity that might be remedied also before the Court, at a specific time admitted. (An identical solution was adopted by the High Court of Cassation and Justice in judging an appeal in the interest of law).

• Details
• Contents