Noţiuni generale despre infracţiunile flagrante. Aspecte de lege ferenda şi de drept comparat
General concepts on flagrant crimes.

Summary/Abstract: Considering the urgent need for unity in regulating the rules specific to the development of criminal trial, at the present moment most of the provisions applicable to causes form the common procedure in matter. However, in some situations the regular procedure can not compile the optimal framework for finding out the truth when dealing with files’ investigation, because it is not sufficiently effective to thoroughly ensure the rights and obligations of individuals as well as to achieve the purpose of criminal proceedings. Therefore, the legislature has established a regulatory framework derogator from the common procedure, codified in title IV of the Special Part, which carries the name of special procedures and which is limitedly applied in certain concrete circumstances, mainly subordinated to the circumstances in which the offence was committed, to the type of offence or special items relating to the author of the crime. Therefore, special procedures are a complex of criminal procedure rules which establish, for certain criminal cases, a partially different development of the criminal trial from the usual procedure. The specialized literature classifies them into actual special procedures and auxiliary special procedures. Tracking and prosecuting some fragrant offenses, as the procedure in cases of juvenile offenders and as criminal liability of the legal entity, are part of the actual special procedures. The main difference between these and the auxiliary special procedures consists in the fact that within the actual ones issues, regarding the criminal liability of those who commit crimes and clarification of problems related to the existence of the main legal procedural report, are resolved while auxiliary procedures do not realize the fundamental tasks of the criminal process, but resolves through jurisdictional means certain issues related to the conduct of the criminal causes. Therefore, in the case of special auxiliary procedures a criminal trial with the purpose of criminal liability will not take place, but various tasks, directly or indirectly related to a criminal case in progress or which has already been instrumented, will be accomplished. This paper examines the legislative and doctrinal elements of general nature specific to flagrant crimes, without having to address the actual procedural aspects, but presenting, synthetically and comparatively, the regulations from the legislation of other States. Also the provisions of de lege ferenda in this field are presented and analyzed, taking into account the imminent entry into force of the new Code of Criminal Procedure

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