CONDITIONS FOR CAPITALIZING ON THE DENUNCIATION IN CRIMINAL PROCEEDINGS
CONDITIONS FOR CAPITALIZING ON THE DENUNCIATION IN CRIMINAL PROCEEDINGS

Summary/Abstract: As a substantive criminal law institution, the denunciation represents a special cause of mitigation of criminal liability (reduction of punishment, the application of which raised numerous issues in the judicial practice.If the possibility of the application of this cause of mitigation of the criminal liability of the persons who have committed an offense, independent from its gravity, was clarified by Decision no. 67/26/02/2015 pronounced by the Constitutional Court of Romania, the conditions of applying this institution during the criminal trial are still in discussion.The conclusion of this analytical approach is in the sense that, in the case of the substantial criminal law institution of the denunciation, the provisions of Article 19 of Law no. 682/2002 constitute the general law in the matter, and in order to capitalize on the denunciation it is necessary and sufficient that criminal action was set into motion in the case in which the denunciation was formulated.Moreover, it is held that applying the provisions of Article 19 of Law no. 682/2002 (Article 19 of GEO no. 43/2002, Article 15 of Law no. 143/200) is inadmissible following the final sentence of the case, by way of a challenge against enforcement based on the provisions of Article 598, par. 1, let. D) of the final thesis of the Code of Criminal Procedure.

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