Respectarea termenului rezonabil al urmăririi penale - standardele CEDO şi reglementările naţionale
Observance of the reasonable term of the criminal investigation - ECHR standards and national regulations

Summary/Abstract: Finding the accused in a state of uncertainty regarding his future for unjustifiably long period of time, taking into account the fact that he risks a criminal conviction, is contrary to Art. 6 of ECHR. The criteria established by ECHR case law for determining the reasonable time in criminal matters have been taken over by national law: the complexity of the case, the conduct of the applicant and the competent authorities, as well as the stake of the dispute for the person concerned. Procedural law provides special guarantees for the prosecution of minors and detainees in the nearest future.Therefore, in each concrete case, the prosecutor taking the decision to extern the term of the criminal investigation will submit the criminal case to the test in the light of these criteria in order to access the reasonable term of the criminal investigation, having other sufficient powers to control it. At national level, several procedural rules ensure the observance of the reasonable term of the criminal investigation, establishing precise procedural deadlines for the fulfillment of some procedural actions and elaboration of some procedural acts. However, the mechanism of judicial control of the reasonable term is not a perfect one, in this sense the recommendations of “lex ferenda”, are argued.

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