PROCEDURA DESFIINŢĂRII UNUI ÎNSCRIS ÎN CAZUL CLASĂRII
THE PROCEDURE OF THE CANCELLATION OF DOCUMENTS IN CASE OF CLOSING A CASE

Summary/Abstract: The majority of the doctrine has embraced the opinion that following the procedure of the cancellation of documents regulated by art. 5491 of the Criminal Procedure Code only the document regarded as instrumentum probationis can be cancelled, whereas the legal operation attested by the same document as negotium juris cannot. Moreover, most of the doctrine considers that the procedure of the cancellation of documents can only be applied in the case of committing forgery of documents, and not in the case that such documents would come from committing other offenses. This article tries to question the fairness of these doctrinal opinions, arguing that the cancellation also refers to the legal operation (negotium) and can also apply to documents resulting from committing other offenses than forgery.

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