Câteva consideraţii cu privire la desfăşurarea urmăririi penale în noul Cod de procedură penală
Several Considerations regarding criminal Investigation under the new Code of Criminal Procedure

Summary/Abstract: The entry into force of the new Criminal Procedure Code brought substantial changes to the development of the criminal trial, completely restructuring the prosecution phase, while eliminating the controversial stage of the acts prior to the criminal investigation.Both in the pre-war period, as well as the interwar period, the criminal investigation was a stage with no practical importance, as the criminal trial mainly took place in court. Gradually, the preparatory nature, prior to the phase of the judgment, constantly developed, and the prosecution materialised into a prior and diverse activity, which is meant to prepare the act of justice which takes place in court for the purpose of finding the truth.The legislator of the new Criminal Procedure Code sought to offer the most efficient protection of the rights and guarantees of the person under criminal investigation, rights and guarantees which are absolutely necessary during the criminal trial. The intention of the legislator led to the removal of the stage of the acts prior to the initiation of the criminal investigation. As such, the criminal investigation was structured into two stages: criminal investigation regarding the deed (in rem) and criminal investigation regarding the person (in personam). The compulsory nature of the stage of the in rem criminal investigation was meant to fit the entire investigatory activity regarding the deed in a well-established procedural framework, but even the new regulation is subject to criticism in terms of the length of the in rem criminal investigation stage.

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