Theoretical and Practical Aspects Regarding the Institution of Discontinuity of the Prosecution
Theoretical and Practical Aspects Regarding the Institution of Discontinuity of the Prosecution
Author(s): Ioan Dumitru ApachițeiSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: criminal law; prosecution; discontinuing the prosecution; preliminary chamber;
Summary/Abstract: As part of the reasoning for the implementation of the opportunity principle, the institution of discontinuity of the prosecution has rapidly found applicability in the Romanian criminal law, mainly under the assumption of faster decongestion of the cases that represent a smaller danger and with reduced or non-existent consequences. Despite all of this, the original version has suffered ample modifications regarding the constitutional conformity and establishing more rigorous path. In addition to the legal enactment, the institution of discontinuity of the prosecution provides interesting aspects with regard to its applicability.
Journal: Journal of Law and Public Administration
- Issue Year: V/2019
- Issue No: 9
- Page Range: 5-12
- Page Count: 7
- Language: English