The Complaint Against the Solutions of Not to Indict or Non-prosecution, Provided by art. 340 of the Code of Criminal Procedure, in the Jurisprudence of the Constitutional Court Cover Image

Plângerea împotriva soluțiilor de neurmărire sau netrimitere în judecată, prevăzută de art.340 Cod procedură penală, în jurisprudența Curții Constituționale
The Complaint Against the Solutions of Not to Indict or Non-prosecution, Provided by art. 340 of the Code of Criminal Procedure, in the Jurisprudence of the Constitutional Court

Author(s): Sorin - Alexandru Vernea
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Criminal Law, Source Material
Published by: Universul Juridic
Keywords: complaint against the acts of the prosecutor; preliminary chamber; unconstitutionality; legislative vagueness;
Summary/Abstract: In this paper, the author carries out a brief case-law analysis of the Constitutional Court of Romania, which is relevant for the configuration of the complaint against non-prosecution and non-indictment solutions. The article is structured in four parts. The first concerns a brief history and a list of legislative changes to the reference provisions. The second and third parts examine the case-law of the Constitutional Court of Romania with regard to Articles 340 and 341 of the Criminal Procedure Code, and the last part, acts as a conclusion, which brings together the author's considerations relating to the analysis undertaken.