Faza de urmărire penală a procesului penal – în viziunea noului Cod de procedură penală
THE PHASE OF PROSECUTION IN THE CRIMINAL TRIAL – ACCORDING TO THE NEW CRIMINAL PROCEDURE CODE

Summary/Abstract: On 1st February 2014 entered into force the Law No 135/1 July 2010 on the New Criminal Procedure Code. This law, before its entrance into force was modified by Law No 255/2013. Also, after its entrance into force, namely after the 1st February 2014, the initial law was modified by the Government Emergency Ordinance No 3/5 February 2014. Together these acts form the normative framework of a criminal trial, starting with 1st February 2014. Regarding the phase of prosecution in the criminal trial, the vision of the New Criminal Procedure Code is totally new from various perspectives. For instance, the criminal trial starts with the initiation of the criminal prosecution in rem/ initiation mandatory if the act of apprehension fulfils the substantive and formal issues stated by the law; the person under investigation becomes a suspect – quality acquired with the prosecutor’s order to continue the criminal prosecution in personam; among the solutions ordered by the prosecutor during criminal prosecution is the waiver of prosecution – novelty solution in the legislative framework; during criminal prosecution it may be recorded a plea agreement - also a new institution in the criminal trial. All these, as well as a series of criminal procedure provisions (new or modified towards the former regulation of the Criminal Procedure Code) shall be subjected to our analysis.

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