Curtea de Apel Bucureşti, Secţia I Penală, Decizia nr. 1500 din 25 iulie 2011 (Studiu de Caz)
Bucharest Court of Appeal, First Criminal Division, Decision no. 1500 of the 25th of July 2011 (Case Study)

Summary/Abstract: After 29 hearings in which issues such as competence in relation to the quality of the person, to join the case, the request for referral of the case to the Constitutional Court, issues requiring proper performance of the citation procedures and ensuring the protection of defendants were discussed, the court exceeded the first day of the hearing, and therefore art. 300 of the Criminal Procedure Code was not applicable. Article 332 of the Criminal Procedure Code does not allow return of the case to restore the indictment, but only return the case to the recovery proceedings. Consideration of possible invalidity of the prosecution and of the way the rules governing criminal prosecution have been complied with is a separate activity and subsequent to the verifications of the regularity of the document instituting proceedings.

• Details
• Contents