Practical observations regarding the control of legality and solidity of the indictment by the hierarchically superior prosecutor Cover Image

Observații practice privind instituția verificării legalității și temeiniciei rechizitoriului de către procurorul ierarhic superior
Practical observations regarding the control of legality and solidity of the indictment by the hierarchically superior prosecutor

Author(s): Mihnea Stoica
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Solomon
Keywords: the legality and validity of the indictment act; preventive measures; hierarchically superior prosecutor; reopening the criminal investigation;

Summary/Abstract: This article constitutes a brief perusal of a procedural matter which has been scarcely examined by now. Its purpose is not to provide solutions, but to highlight various issues that might be included in the motions to be argued. Within this article we have examined the historic of the confirmation of the indictment act by the hierarchically superior prosecutor 1/, its nature 2/, its limits 3/, the effects it bears on the preventive measures 4/, on the prosecutor’s compatibility to solve latter complaints 5/, on the prejudice brought to the prosecution of the formerly dismissed charges 6/ ad, finally, on determining the competent prosecutor to perform it (e.g. the en lieu chief prosecutor).

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 33-42
  • Page Count: 10
  • Language: Romanian