Natura juridică a actului prin care procurorul dispune prelungirea dreptului de circulație în temeiul art. 111 alin. (6) din Ordonanța de urgență a Guvernului nr. 195/2002 privind circulația pe drumurile publice
The legal nature of the act by which the prosecutor orders the extension of the right of circulation pursuant to art. 111 para. (6) of the Government Emergency Ordinance no. 195/2002 on traffic on public roads

Summary/Abstract: The two legal issues set out in the title of this study are controversial in the literature and in the practice of prosecutor's offices. The paper proposes an exhaustive approach to the issue, the emphasis being on identifying practical solutions, in accordance with the current configuration of the legal institution analyzed. The correct establishment of the legal nature of the act by which, in the phase of criminal investigation, the prosecutor solves the request for the extension of the right of circulation, under the conditions of art. 111 para. (6) of the Government Emergency Ordinance no. 195/2002 regarding the traffic on public roads, republished, modified and completed, is important both from the perspective of the way in which the hierarchical control is exercised within the Public Ministry, and during the subsequent judicial control. The substantive issue, regarding the possibility of the prosecutor to order the extension of the right to drive when the replacement proof of the driving license was issued by the traffic police officer without right of way, enjoys, within the paper, an approach limited to the principle of legality. These issues, as well as the manner of registration of the requests regarding the extension of the right of circulation, formulated pursuant to art. 111 para. (6) of the Government Emergency Ordinance no. 195/2002 on traffic on public roads, republished, amended and supplemented, were analyzed during the meeting of the Scientific Council of the Prosecutor's Office attached to the High Court of Cassation and Justice on February 1, 2022, and the conclusions of this meeting are presented in the editorial note.

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