Considerații teoretice și de drept comparat privind punerea în mișcare a acțiunii penale – obligativitate versus oportunitate
Theoretical and comparative law considerations regarding the initiation of criminal proceedings – obligation versus opportunity

Summary/Abstract: The initiation and exercise of the criminal action represents the very reason for the criminal process, in its absence, the entire scenography of the execution of the act of justice being situated in the stylistic spectrum of a Kafkaesque novel. The present theoretical attempt aims to analyze, from the prosecutor's perspective, as the sole master of the criminal action, the relationship between the obligation and the opportunity to exercise it, having as reference points two legal systems of different tradition, the French continental system and the British system, of the common law type. The conclusion of the study of domestic law and comparative law places the prosecutor's discretion halfway between discretion and strict legality, ensuring a balanced applicability of the opportunity, through a rigorous reporting to the public interest.

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