SOME CONSIDERATIONS ON  PRELIMINARY COMPLAINT PROCEDURE AND RECONCILIATION OF THE PARTIES IN THE NEW CRIMINAL CODE Cover Image

UNELE CONSIDERAŢII PRIVIND REGLEMENTAREA EFECTELOR PÂNGERII PREALABILE ŞI A ÎMPĂCĂRII PĂRŢILOR ÎN NOUL COD PENAL
SOME CONSIDERATIONS ON PRELIMINARY COMPLAINT PROCEDURE AND RECONCILIATION OF THE PARTIES IN THE NEW CRIMINAL CODE

Author(s): Viorel Pașca
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: preliminary complaint procedure; offence; restorative justice

Summary/Abstract: The present study analyses the preliminary complaint procedure, according to the New Penal Code.In the new code, the offences which are investigated only upon filling of a preliminary complaint are in general offences relating to property or non-property rights, such as offences against the person (art. 193, art. 206, art. 208, art. 218 paragraph 1 and 2, art. 219 paragraph 1 etc.), offences against property (art. 238, art. 239, art. 240, art. 241 etc.), offences against the family (art. 378, art. 379 etc.), but they do not represent all the procedural functions of the preliminary complaint, whose use is recommended by the Council of Europe as a means of achieving restorative justice.

  • Issue Year: 2009
  • Issue No: 2
  • Page Range: 23-34
  • Page Count: 12
  • Language: Romanian
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