CONSIDERAŢII PRIVITOARE LA MODIFICAREA ART. 305 DIN CODUL DE PROCEDURĂ PENALĂ
CONSIDERAŢII PRIVITOARE LA MODIFICAREA ART. 305 DIN CODUL DE PROCEDURĂ PENALĂ

Summary/Abstract: In this article, the author exposes his considerations regarding the amendment of art. 305 of the Code of criminal procedure, which refers to the fulfilment of the conditions of the document instituting proceedings and ordering the initiation of criminal proceedings in relation to the offence committed or whose commitment is prepared, even if its author is indicated or known by the criminal prosecution body. The structure and the content of the study reveal the comments on the prolegomena and issues generated by the interpretation and application of the new form of para. (1) of art. 305 of the Code of criminal procedure. In conclusion, the enactment for the purpose of amending an organic law through the agency of the emergency ordinances is based on an exceptional state raising measures “urgently” and promptly implemented, and this circumstance is non-existent in case of art. 305 of the Code of criminal procedure. The difficulties relating to the interpretation and enforcement of the new form of the legislative text are not compliant with the aim of clarity and predictability of criminal law.

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