Some considerations on the judicial confirmation
of the waiver of prosecution Cover Image
  • Price 4.50 €

Câteva consideraţii cu privire la procedura confirmării renunţării la urmărirea penală
Some considerations on the judicial confirmation of the waiver of prosecution

Author(s): Puşcaşu Voicu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: waiver of prosecution; legal proceedings; preliminary chamber judge; problems of practical application;

Summary/Abstract: The present study aims to analyze the procedural aspects of the institution of confirmation of the release from criminal prosecution, regarding the new regulation of Article 318 of the Criminal Procedure Code introduced by O.U.G. no. 18/2016. In addition to presenting the reasons that led to the introduction of a judicial review of the solution not to prosecute, this article takes an overview of the main elements of the proceedings carried before the judge for preliminary chamber, for it to insist, later on, on the main problems of interpretation raised by the new regulation. Thus, it was intended as a priority to identify the practical difficulties that applying this new procedure generates, in order to put forward some proposals of construing the new regulation or even for amending the normative frame, in order to ensure a greater flexibility of this procedure, consistent not only with the purpose of the legislature but also with the practice of the Constitutional Court and of the European Court of Human Rights.

  • Issue Year: 2016
  • Issue No: 04
  • Page Range: 25-57
  • Page Count: 33
  • Language: Romanian