Confirmarea de către procuror a efectuării în continuare a urmăririi penale. Natura juridică a termenului de 3 zile prevăzut de articolul 305 alineat (3) Cod procedură penală
Confirmation by the prosecutor of the in personam criminal investigation. The legal nature of the term of 3 days provided by articlle 305 paragraph (3) of the Criminal procedure code

Summary/Abstract: The purpose of this article is to analyse the legal nature of the three days term in which the criminal investigation body has the obligation to present to the prosecutor the ordinance by which he ordered the further in personam investigation and the related case file, and the former has the obligation to confirm the ordinance in question. IN his approach, the author starts with the analysis of the different categories of terms provided by the criminal procedural norms, concluding that the term in question is a peremptory procedural one. Moreover, since several opinions have been issued in case law regarding the procedural sanction that should intervene in the event of non-compliance with the deadline provided by the legislator, the author emphasized different divergent opinions and, finally, argued in support of the opinion that the sanction that intervenes in case of non-compliance is the virtual absolute nullity.

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