Posibile cauze de încetarea a procesului penal în cursul camerei preliminare
Possible Causes to Terminate Criminal Case During Preliminary Chamber

Summary/Abstract: The criminal action is terminated, during the trial, either by a definitive ruling of conviction, by renouncing to apply a punishment, by postponing the application of the punishment, by acquittal or by ceasing the criminal case. Out of the cases listed above, the ceasing of the criminal case is pronounced in any of the hypotheses provided for in art.16 paragraph (1) let. e) -j) of the Code of criminal procedure, hypotheses that include amnesty, prescription and death of the accused person. In respect to the latter, the question that arises regards the possibility of ceasing the criminal proceedings during the preliminary chamber, respectively of regulating the right of the preliminary chamber judge to ascertain the intervention of one of the situations provided in art. 16, paragraph (1), let. f) of the Code of Criminal Procedure, in regard to the person of the defendant, in order to protect his individual liberty. Otherwise, the defendant is subject to an unjustified extension of his procedural capacity, that extends up until a subsequent date situated after the beginning of the trial.

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