ASPECTE PRACTICE PRIVIND EXCEPȚIA NECOMPETENȚEI TERITORIALE ÎN CAMERA PRELIMINARĂ
Practical Aspects Regarding The Exception of the Territorial Incompetence in The Preliminary Chamber

Author(s): Denisa Barbu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: the preliminary chamber; territorial incompetence; the exception; the prosecutor;
Summary/Abstract: The present paper will examine the ways in which the claims and exceptions relating to the legality and loyalty of the prosecution are assessed at this stage in order to know: a) who are the holders of the right to formulate/invoke claims and exceptions; b) the date until which they can be formulated, c) the subject of the criticisms that may be done by the prosecution, d) the situations in which the case is ordered to be restituted to the Prosecutor’s Office or the cases in which the opening of the court is ordered.After the criminal prosecution has been completed, the prosecutor will check whether the legal provisions guaranteeing the truth have been complied with, whether the criminal prosecution is complete and that there are necessary and lawful or loyal administrative evidence and that the defendant is sued by the indictment when the criminal investigation material that the deed exists, that it was committed by the defendant and that he is criminally responsible. Beyond the substantive changes, the preliminary chamber procedure is placed historically in the succession of the institution of the indictment chamber provided by art. 279 C.c.p. 1936, which had the power to order the referral of the defendant to the Court of Jurists, when there is evidence and solid evidence against the defendant.

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