O concretizare a principiului oportunității - renunțarea la urmărirea penală
Emergence of the opportunity principle - renouncing to prosecute

Summary/Abstract: This paper aims at an analysis of the changes that the new Criminal Procedure Code made in its attempt to reconceptualise the basis for the negative solution promoted by the prosecutor, a decision that can be made only on opportunity grounds. The shift from the concept of social danger - a remnant of the Soviet criminal system, to the adversarial precept of opportunity did not make any groundbreaking changes, but it did offer a more logical basis for such a solution.The principle of opportunity, present in common law, has been europeanized lately, shaped in such a way as to respond to the needs recorded by the judicial body, especially in managing the caseload, but also, and most importantly, to avoid punishing those who, due to the lack of danger that characterizes their crime, do not deserve a penalty. The article focuses on the way that the principle of opportunity is perceived in adversarial systems in contrast with the way that it is implemented in civil law countries.The new regulation is not free of criticism, and the third section of this paper presents the miscorrelations and problems created by our legislator, followed by several ideas that aim to improve this judicial mechanism. Following the ruling of our Constitutional Court no. 23 of January 20th 2016 and OUG no. 18/2016 which modified Article 318 of our Criminal Procedure Code, the force of the principle of opportunity has been diminished by instituting a new procedure consisting in a mandatory confirmation of the prosecutor’s decision by a judge.

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