Act vădit ilegal. Ordonanță de începere și, respectiv, continuare a urmăririi penale vădit ilegală. Art. 304 alin. (2), art. 305 alin. (1), (2) și (3) și art. 339 alin. (5) din C.pr.pen., susceptibile de neconstituționalitate
Manifestly illegal act. Ordinance to initiate and, respectively, to continue the manifestly illegal prosecution. Article 304 (2), Article 305 (1), (2) and (3) and Article 339 (5) of the Criminal Procedure Code, susceptible of unconstitutionality

Summary/Abstract: The authors plead for the distinct regulation of the manifestly illegal acts and measures showing that their legal treatment requires operative sanctions and their removal in due time having regard to their implications for human rights and fundamental freedoms. Taking into account the implications increased by the latest changes of the institution of the initiation and continuation of the criminal prosecution there are pointed out some inconsistencies of the criminal processual legislation with the provisions of the Constitution and of the European Convention of Human Rights, expressing some criticism of unconstitutionality. Thus they criticize the obligativity to initiate criminal prosecution „in rem” even when the authors are indicated or known, and make some „de lege ferenda” proposals, for the concordance of Article 304 (2), Article 305 (1), (2) and (3) and Article 339 (5) of the Criminal Procedure Code with the provisions of the Constitution.

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