UNELE ASPECTE PRIVIND PROCEDURA RELUĂRII URMĂRIRII PENALE ÎN CAZUL CONTINUĂRII URMĂRIRII PENALE LA CEREREA SUSPECTULUI SAU A INCULPATULUI
SOME ASPECTS REGARDING THE PROCEDURE FOR RESUMING THE CRIMINAL PROSECUTION IN THE CASE OF CONTINUING THE CRIMINAL PROSECUTION AT THE REQUEST OF THE SUSPECT OR THE DEFENDANT

Author(s): Gina Negruț
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Civil Society, Public Law, Security and defense, Penal Policy, Peace and Conflict Studies
Published by: Editura Universitară
Keywords: the suspect; the defendant; resumption of criminal prosecution; reopening of criminal prosecution; continuation of criminal prosecution;
Summary/Abstract: The need to harmonize the provisions that regulate the institution of the resumption of criminal prosecution was a priority for the legislator, as a result of the fact that in the context of the new amendments to the provisions of Law no. 135/2010 on the Code of Criminal Procedure was stipulated as a phase of the criminal process the preliminary chamber, through which the legislator sought to respond to the requirements of legality, speed and fairness of the criminal process and to create a modern legislative framework, through which it can establish whether the procedure during the criminal prosecution was legal, so that the judgment on the merits can then be proceeded with, so as to eliminate the excessive duration of the proceedings in the trial phase. It thus became obvious that the emergence of this new phase of the criminal process determined the emergence of new institutions of criminal procedural law regulated by the legislator, so that they could respond to all aspects that arise during the course of the criminal processes in different criminal cases brought to trial, although in judicial practice in criminal procedural matters, different opinions appear relative to the interpretation and application of the rules of criminal procedural law, which are then analyzed and communicated by means of Minutes of the meeting of the prosecutors, in order to standardize the interpretation and application of the provisions of the Code of Criminal Procedure.

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