PARTICIPAREA PROCURORILOR DIN CADRUL D.I.I.C.O.T. LA ȘEDINȚELE DE JUDECATĂ ÎN CAUZELE AVÂND CA OBIECT CERERILE DE REABILITARE FORMULATE DE PERSOANE CONDAMNATE ÎN DOSARELE PENALE INSTRUMENTATE DE D.I.I.C.O.T.
THE PARTICIPATION OF PROSECUTORS FROM D.I.O.C.T. AT COURT SESSIONS REGARDING REHABILITATION REQUESTS MADE BY PERSONS CONVICTED IN CRIMINAL CASES INSTRUMENTED BY D.I.O.C.T.

Summary/Abstract: Judicial practice is non-unitary with regard to the prosecutor's office competent to partake in court hearings in cases involving rehabilitation requests made by convicted persons in criminal cases investigated by the D.I.O.C.T. In some cases, prosecutors from the prosecutor's offices attached to the courts participated, while in others, prosecutors from D.I.O.C.T. participated, the divergence being generated by the interpretation of the phrase "penalty execution phase" from art.2 letter d) of the G.E.O .no. 76/2016 for the organization and operation of D.I.O.C.T.We consider that the judicial rehabilitation procedure is not part of the "penalty execution phase" so that the prosecutors within D.I.O.C.T must participate in the trial of rehabilitation requests, these being part of the category of other "situations in which the participation of the prosecutor is mandatory in relation to the offenses given by this emergency ordinance within the competence of the directorate ".

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