Câteva considerații cu privire la posibilitatea restituirii pe cale administrativă a plângerii prealabile petiționarului și efectele asupra termenului prevăzut de art. 296 alin. (1) din Codul de procedură penală
A few considerations regarding the possibility of the administrative return of the prior complaint to the petitioner and the effects on the term provided by art. 296 para. (1) of the Criminal Procedure Code

Summary/Abstract: The lapsing nature of the 3-month period in which a prior complaint can be filed, the regulation of some exceptions expressly provided by law regarding the time from which this period runs, the lack of an express legal provision that allows the return of the prior complaint by administrative means, with consequence on the extension of the deadline for its formulation, the substantial consequences that the late complaint has on the criminal prosecution documents, all these are elements that must be taken into account for the assessment of compliance with the deadline provided by art. 296 of the Code of Criminal Procedure, in the event that the injured person fulfills the missing elements of the preliminary complaint, after the expiration of the 3-month period stipulated by law.

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