THE PRELIMINARY COMPLAINT IN THE DOCTRINE
THE PRELIMINARY COMPLAINT IN THE DOCTRINE

Summary/Abstract: Preliminary complaint represents the notification of the aggrieved party to the judiciary authorities about being committed a criminal act, as well as about physical, moral or material injury which was caused to the aggrieved party, with the purpose to initiate the criminal action, in case of those offences for which the law stipulates that it is necessary such a complaint. The right to formulate a preliminary complaint belongs only to the aggrieved party, to the victim of the offence, being personal, indivisible and not transmissible. The preliminary complaint has a mixed juridical nature, representing an institution of the penal law, as well as one of the criminal proceedings law, being regulated by Penal Code and by other special laws, as well as in the Code of Criminal Procedure. As an institution of Criminal Proceedings Law, it must not be mistaken for other institutions of criminal proceedings law, like the institution of pleas or the one of complaint formulated against the prosecutor’s ordinances (of not being submitted to trial). In this study it is presented the opinion of the author, as well as other opinions existing in the doctrine, regarding the evident distinctions existing between these institutions and regarding the role of the preliminary complaint institution.

• Details
• Contents