From the Military Prosecutor to the Civilian Prosecutor and Back - A Current Doctrinal Dilemma Cover Image

De la procurorul militar la cel civil și înapoi – o dilemã doctrinarã de actualitate
From the Military Prosecutor to the Civilian Prosecutor and Back - A Current Doctrinal Dilemma

Author(s): Flaviu Ciopec, Matei-Ciprian Graur
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic

Summary/Abstract: The study addresses a practical problem relating to the competence of investigation for offences committed by military along with civilians. The issue arises from the interpretation of different legislative texts in collide. The authors emphasize the basic rule of asserting the competence of investigation to civil jurisdiction, due to the actual trend of demilitarization of the criminal justice. Specific provisions of the procedural law which expressly refers to military jurisdiction must be strictly interpreted so as not to infringe the rule stated above.

  • Issue Year: 2017
  • Issue No: 2
  • Page Range: 31-36
  • Page Count: 6
  • Language: Romanian